TOWN COUNCIL MEETING

November 12, 2002

(as amended on November 25, 2002)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:04 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth G. Littman

David J. Long

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Kimberly Turcone, Deputy Town Clerk

Douglas R. DeSimone, Esq., Town Solicitor

Thomas P. Tighe, Chief of Police

James R. Bryer, Fire Chief

Representative Bruce Long

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

    1. Jamestown Business and Professional Women’s Club re: Proclamation for Susan E. Rembijas, Jamestown Woman of the Year 2002
It was moved by Councilor Swain, seconded by Councilor Long to approve the Proclamation for Jamestown Business and Professional Women’s Club to Susan E. Rembijas as Jamestown Woman of the Year 2002. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Council President Settipane opened the hearing at 7:18 PM.

1) State of RI Division of Taxation: Granting of Good Standing

2) Liquor License Advertisements

3) Alcoholic Beverage License Limits for 2002-2003

4) Renewal of Liquor Licenses, if favorable GRANT renewal applications as

duly advertised in the Newport Daily news upon the resolution of debts,

taxes, appropriate signatures and approvals:

RENEWAL:

CLASS A

Jean Page, Inc.

dba: Page’s Liquor’s

30 Southwest Avenue

It was moved by Councilor Littman, seconded by Councilor Willis to approve the renewal of a Class A License to Jean Page, Inc. d/b/a Page’s Liquors, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

CLASS B – TAVERN

Long Wharf Marina Restaurant, Inc.

dba The Bay Voyage

150 Conanicus Avenue

It was moved by Councilor Littman, seconded by Councilor Swain to approve the Class B-Tavern License to Long Wharf Marina Restaurant, Inc. d/b/a The Bay Voyage, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

CLASS B – VICTUALER

Alexander Enterprises, Inc.

dba: the Narragansett Café

25 Narragansett Avenue

It was moved by Councilor Littman, seconded by Councilor Willis to approve the renewal of a Class B-Victualer License to Alexander Enterprises, Inc. d/b/a the Narragansett Café, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

Islandish, Ltd.

dba: Chopmist Charlies

40 Narragansett Avenue

It was moved by Councilor Swain, seconded by Councilor Littman to approve the renewal of a Class B-Victualer License to Islandish, Ltd. d/b/a Chopmist Charlies, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

Jamestown Oyster Bar, Inc.

dba: Jamestown Oyster Bar

22 Narragansett Avenue

Councilor Swain noted that the Zoning Official has noted on the site plan that the plan is to be amended by applicant to reflect seating capacity allowed by Zoning of 50 (fifty) seats total. Councilor Swain further noted that he was unaware that a seating plan was required, and if not, why there would be a comment from the Zoning Official.

The Town Administrator informed the Council that this is the first year that we have required site plans. This is an attempt to inform the Council that the capacity, based on the Zoning Ordinance for this particular location is fifty seats.

Council President inquired if there was a violation issued. The Town Solicitor noted that there has not been a zoning violation issued. The Town Solicitor informed the Council that the Zoning Ordinance requires so many parking spaces per seating. It is not that the operator is in violation of the Zoning Ordinance by having too many seats, rather it is a potential violation which the Council is being made aware of because there appears to be a shortage of parking spaces for this establishment. The proprietor has been contacted regarding this issue.

It was the consensus of the Council that the applicants be notified of these concerns and that the renewal application for the Jamestown Oyster Bar be continued to the next Council meeting on November 25, 2002.

New England Golf Course Management, Inc.

dba: Jamestown Golf and Country Club

aka: the Caddy Shack

245 Conanicus Avenue (lower level rear)

It was moved by Councilor Swain, seconded by Councilor Long to approve the renewal of a Class B-Victualer License to New England Golf Course Management, Inc. d/b/a Jamestown Golf and Country Club, a/k/a the Caddy Shack, subject to the resolution of debts, taxes, appropriate signatures and approvals. It was voted, Councilor Swain, aye; Councilor Long, aye; Councilor Willis, aye; Council President Settpane, aye; Councilor Littman abstained. The motion passed with four in favor and one abstention. So unanimously voted.

SeaDish, Ltd.

dba: Tricia’s Tropi-Grille

14 Narragansett Avenue

The Town Solicitor updated the Council regarding Tricia’s Tropi-Grille. Mr. DeSimone informed the Council that the applicant previously petitioned for and received permission to utilize a portion of an area which had been previously approved for outdoor service. This constituted an expansion of their licensed premises for serving alcoholic beverages. There has been an appeal taken by an abutter. The appeal has gone to the State Liquor Control Administrator. In the meantime, the Zoning Official has issued a Notice of Violation related to parking issues. The Zoning Official’s decision has been appealed by both the proprietor and the abutter. The Liquor Control Administrator has stayed the hearing in order to give the Zoning Board an opportunity to hear the matter and render a decision. The Town Solicitor suggested that the Council accept the application for renewal with the stipulation that it be reviewed within a specific amount of time, noting that there can be no significant changes imposed without providing proper notice.

Council President Settipane inquired about the hours of operation. The Town Solicitor noted that this is a renewal of license and any stipulations or restrictions are to be carried over to the renewal. Council President Settipane request clarification regarding the adoption of a Liquor Ordinance and the ability of the Commission to review licenses for compliance. The Town Solicitor advised that as the Alcoholic Beverage Licensing Commission, hearings can be conducted at any time to determine whether or not there is compliance with Municipal Ordinances or Rules and Regulations.

It was moved by Councilor Swain, seconded by Councilor Willis to approve the renewal of a Class B-Victualer License for SeaDish, Ltd. d/b/a Tricia’s TropiGrille, subject to the resolution of debts, taxes, appropriate signatures and approvals and the stipulation that it be reviewed on March 10, 2003. So unanimously voted.

Trattoria Simpatico, Inc.

dba: Trattoria Simpatico

13 Narragansett Avenue

It was moved by Councilor Swain, seconded by Councilor Willis to approve the renewal of a Class B-Victualer License to Trattoria Simpatico, Inc. d/b/a Trattoria Simpatico, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

Portuguese American Citizen’s Club

dba: Portuguese American Citizen’s Club

11 Pemberton Avenue

Police Chief Thomas Tighe requested that the Council continue the renewal application for the Portuguese American Citizen’s Club to the November 25, 2002 meeting so that he could speak to Mr. Perry regarding an incident at the Club over this past weekend.

It was the consensus of the Council to continue the request for the renewal of a Class B-Victualer License for the Portuguese American Citizen’s Club to the next Town Council meeting on November 25, 2002.

Slice of Heaven, Inc.

dba: Slice of Heaven

32 Narragansett Ave.

It was moved by Councilor Littman, seconded by Councilor Willis to approve the renewal of a Class B Victualer License to Slice of Heaven, Inc. d/b/a Slice of Heaven, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

CLASS D – FULL

Conanicut Yacht Club

40 Bay View Drive

It was moved by Councilor Littman, seconded by Councilor Willis to approve the renewal of a Class D Full License to Conanicut Yacht Club, subject to the resolution of debts, taxes, appropriate signatures and approvals. So unanimously voted.

    1. Request of Jean Ceppi re: extension for location of Island Beverage dba: Jamestown Liquors (Class A)
Attorney Quentin Anthony, representing Jean Ceppi, requested that the Council grant a sixty-day extension to Jean Ceppi so that she could continue to search for a new location for Island Beverage d/b/a Jamestown Liquors. Mr. Anthony further stated that Ms. Ceppi has approximately $80,000 invested in her business.

The Council reviewed their previous vote to allow Ms. Ceppi ninety-days to find a new location. The Council discussed Title 3 of the State Laws governing Alcoholic Beverage Licensing. Additionally, the Council discussed the several reasons named in Title 3 for which a license holder may be granted an extension; those being, due to illness, death, condemnation of business premises, fire or other casualty.

The Town Solicitor informed the Council that the applicant did appeal the Council’s decision to deny the transfer; however, they then withdrew that appeal.

Mr. Anthony noted that the applicant did in fact have a site and made application to transfer to that site; however, due to a change in circumstances, that site is no longer available.

It was moved by Councilor Swain, seconded by Councilor Willis to deny the request by Jean Ceppi for a sixty day extension for location of Island Beverage d/b/a Jamestown Liquors Class A License. It was voted, Councilor Willis, aye; Councilor Swain, aye; Councilor Littman, aye; Council President Settipane, aye; Councilor Long, nay. The motion passed with four in favor and one opposed.

CONSENT AGENDA

It was requested that item #1 (b) be removed from the Consent Agenda. It was moved by Councilor Swain, seconded by Councilor Littman to accept the Consent Agenda as amended. So unanimously voted. The Consent Agenda consists of:

1) Adoption of Council minutes:

      1. 10/28/2002 Regular Meeting
    1. Bills and Payroll
    2. Copies of Minutes of Boards & Committee Meetings:
    1. Affordable Housing Committee (09/09/2002)
    2. Jamestown Substance Abuse Prevention Task Force (09/04/2002, 10/02/2002)
    3. Water Resource Protection Committee (08/14/2002)
    4. Harbor Management Commission (10/08/2002, 10/24/2002)

4) Press Releases:

a) Planning Commission

    1. Zoning Board of Review
    2. Harbor Management Commission

5) Resolution from North Kingstown re: Quonset/Davisville Industrial Park

6) Abatements/Addenda from the Tax Assessor

******************************************************

1) Adoption of Council minutes:

    1. 10/15/2002 (resubmitted)
Councilor Long requested that the record reflect that he was vehemently opposed to Fort Wetherill being considered for the location of the highway barn.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

None

OPEN FORUM

    1. Scheduled request to address
    2. None

    3. Non-scheduled request to address
Representative Bruce Long reported an incident on the Jamestown Verrazano Bridge involving one of the markers/barriers that became loose and was flung into a passing vehicle. In order to file a claim with the company doing the bridge repairs, incidents should be reported to the Jamestown Police and they should follow up with a site inspection.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

Town Administrator’s report (verbal)

The Town Administrator verbally reported on the following:

Budget

It is expected that the budget will be ready for the Council within the next three weeks.

NAGE Contract

The new contract is currently being negotiated.

Proposed Noise Ordinance

Councilor Swain requested that the bar graph be updated to show the workshops to be held.

High Ground Water Ordinance

It was reported that the Planning Commission, Town Engineer and the Consultant are working on the proposed ordinance. There is a workshop scheduled with the Planning Commission on November 20, 2002.

Excess Property - Boat

Councilor Willis requested additional information regarding the 41 foot patrol vessel being considered as excess property by the Coast Guard as mentioned in Chief Tighe’s report. The Town Administrator reported that Jamestown is being considered as one of the communities that may be eligible to receive an excess property boat without charge. Councilor Willis requested a complete analysis including the staffing of the boat along with how it would be funded and maintained.

2) Jamestown Housing Authority

      1. Letter of resignation from Charlotte Richardson
It was moved by Councilor Swain, seconded by Councilor Settipane to accept the letter of resignation from Charlotte Richardson and to request that a letter be sent thanking Ms. Richardson for her service. So unanimously voted.

3) Town Buildings and Facilities Committee

    1. Letter of resignation from Chair, William Kimball
It was moved by Councilor Long, seconded by Councilor Swain to accept the letter of resignation from William Kimball. So unanimously voted.

4) Planning Commission

    1. Letter of resignation from Chair, Robert H. Lambert, Jr.
It was moved by Councilor Swain, seconded by Councilor Littman to accept the letter of resignation from Robert H. Lambert, Jr. informing the Council that he was not requesting reappointment to the Planning Commission. So unanimously voted.

5) November & December 2002 Calendar( per Town Clerk)

The Town Clerk suggested that the Council consider canceling the Town Council meeting on December 23, 2002 because it was so close to the holidays.

It was the consensus of the Council that this would be addressed at the December 9, 2002 meeting.

UNFINISHED BUSINESS

1) Narragansett Avenue Curbing

      1. Letter from Rep. William H. Murphy
It was moved by Councilor Swain, seconded by Councilor Littman to accept the letter from Representative Murphy. So unanimously voted.

    1. Elderly Tax Exemptions Proposed Legislation
    2. The Town Administrator noted that the Town Solicitor is finalizing the proposed legislation. This item will be continued to the November 25, 2002 Council meeting.

    3. Affordable Housing Committee
      a) Church Community Housing re: Residential Rehabilitation (Grinnell Street)
    4. Stephen Ostiguy, Director of Church Community Housing, informed the Council that the funds to be used towards the rehabilitation of the Grinnell Street property are Community Block Grant Funds which have four restrictions on it; those being, property must be lead safe, the income of family renting must be within the guidelines of the program and the rent charge cannot exceed the fair market rent as established by HUD ($775.00).

      Mr. Ostiguy noted that when considering repayment of the loan, it was thought that a five-year payment plan would be used. However, if the Council would like to accelerate that plan, he would consider a three-year payment plan.

      The Town Administrator recommended that the Town Council consider the three-year plan. The house could be rehabilitated and tenants moved in within ninety days or so. That would ready the house to be relocated if the Affordable Housing Committee could locate another vacant lot.

      Mr. Ostiguy stated that there would be a $5,000.00 grant for lead abatement and a $20,000.00 loan with 3% interest.

      Councilor Swain inquired if the loan would be jeopardized if there was an interruption in the rental because of plans for the Grinnell Street property. Mr. Ostiguy stated that the loan would be restructured to accommodate any additional costs to relocate the house.

      Jamestown Housing Authority
      a) Request to waive PILOT funds (verbal request from Sirje Carl to continue to 11/25/2002)

      It was the consensus of the Council to continue the request from the Jamestown Housing Authority to waive PILOT funds to the November 25, 2002 Council meeting.

    5. Highway Barn
      1. Continued discussion
      2. (Moved to 1st item on agenda under unfinished business) Laszlo Siegmund of Siegmund & Associates, Inc. presented a preliminary report consisting of alternate layouts and cost estimates for the Highway Barn at Fort Wetherill. Mr. Siegmund discussed four alternate layouts as follows:

        A 2 heated bays, 6 unheated bays with total garage building area of 7,150 square feet. This alternate did not include an office or parts storage space. Estimated site preparation cost was $237,712, with a 20% contingency of $47,542, for a total estimated cost of $285,255.

        A-1 2 heated bays, 6 unheated bays with a total garage building area of 7,150 square feet. This also has office space and parts storage space of 900 square feet for a total building area of 8,050 square feet. Estimated site preparation cost was $248,107 with a 20% contingency of $49,621, for a total estimated cost of $297,729.

        B 2 heated bays, 6 unheated bays with a total garage building area of 8,100 square feet. This also has office space and parts storage of 1,000 square feet for a total building area of 9,100 square feet. Estimated site preparation cost was $303,572 with a 20% contingency of $60,714, for a total estimated cost of $364,286.

        C 2 heated bays, 8 unheated bays with a total garage building area of 7,200 square feet. This does not include office and parts storage space. Estimated site preparation cost was $211,663, with a 20% contingency of $42,333, for a total estimated cost of $253,996.

        Also discussed was the renovation to the present Highway Barn to be used for office and storage space for a total renovation cost of $180,00 to $200,00; this cost could be reduced by sharing the building with the State.

        Mr. Siegmund also discussed the wetland area within the Fort Wetherill site. Other considerations in this plan were the amount of ledge in the area, distance from any sewer tie-in and the problem with locating an ISDS near the site.

        Following audience comment, it was the consensus of the Council to refer the plan to the Town Solicitor and Town Administrator to begin the preliminary screening process through CRMC.

        It was the consensus of the Council that the Highway Barn be continued to the next Town Council meeting on November 25, 2002.

      3. Article from the North· East Independent Newspaper "Public Works Settling into Town’s New Highway Garage"; dated 10/10/2002 (per Councilor Long)
      Councilor Long read excerpts from the article entitled "Public Works Settling into Town’s New Highway Garage".

    6. Liquor License Ordinance
      1. Schedule workshop (per President Settipane)
It was the consensus of the Council to hold a workshop to discuss the proposed Liquor License Ordinance on December 3, 2002.

The Council called for a break at 10:05 PM and returned at 10:15 PM.

COMMUNICATIONS

    1. RI DEM ISDS Application #0115-2029 Variance; Plat 16, Lot 40
It was moved by Councilor Long, seconded by Councilor Swain to accept the communication regarding Plat 16, Lot 40 and to refer it to the Town Administrator for review and action. So unanimously voted.

NEW BUSINESS

1) Event Applications:

a) Road race for the Ali Dunn Packer Memorial Fund on June 1, 2003 from 11 am to 5 pm; location: Ft. Getty and race route

It was moved by Councilor Littman, seconded by Council President Settipane to approve the road race for Ali Dunn Packer Memorial Fund on June 1, 2002. So unanimously voted.

      1. Season Event for the Special Olympics (Penguin Plunge) on January 1, 2003 at noon; location: Mackerel Cove Beach
At the request of the Town Administrator the event application to hold the Penguin Plunge was continued to November 25, 2002.

c) Christmas Tree lighting request by Chris Powell on December 7th at the East Ferry Square from 4 to 8 pm

It was moved by Councilor Willis, seconded by Councilor Swain to approve the Christmas Tree Lighting for December 7th. So unanimously voted.

d) Holiday Parade of Dogs for the Jamestown Chamber of Commerce from Town Hall to East Ferry on December 21st (rain date: December 22nd) from 11 am to noon

The Town Administrator noted that there was concern regarding the possibility of closing Narragansett Avenue for this parade and requested that this request be continued to the November 25, 2002 Town Council meeting.

    1. Victualing License Renewal Applications (** Liquor License Establishment)
Councilor Swain noted that the application for victualing licenses has been changed in relationship to the seating capacity. The Town Clerk informed the Council that seating capacity has been on the licenses in the past; however, the Council had expressed their concern with how that number was established. The Zoning Official has reviewed the applications and noted the seating capacity as defined by the Zoning Ordinance.

Council President Settipane inquired if the applicants have been notified of the change. The Town Clerk stated that the applications were seen by the applicants; however, they have not seen the seating capacity as defined by the Zoning Official.

In addressing this issue, the Town Solicitor noted that the Fire Marshall determines the overall capacity of a building. This number is determined by how many parking spaces are available. The Zoning Ordinance does not limit seating capacity; it requires so many parking spaces by measuring how many seats are available in the restaurant. Mr. Brown took into consideration each of the properties pre-existing non-conforming rights were grandfathered, combining all of that and concluding with how many parking spaces are required and the indicated amount of the seating allowed. Mr. DeSimone stated that the only two establishments presently impacted are Tricia’s TropiGrille and the Oyster Bar because they have applied thinking that they have more seating than the Zoning Official has indicated.

Councilor Swain noted that there are other establishments impacted because all Victualing License Applications have been assigned a number by the Zoning Official.

It was the consensus of the Council that Victualing License Renewal Applications be continued to November 25, 2002 and that applicants be informed of the changes on their applications.

    1. Jamestown Oyster Bar **
    2. Jamestown Xtra Mart *with extended hours
    3. Slice of Heaven **
    4. East Ferry Deli & Market
    5. Peking Garden
    6. McQuade’s Supermarket
    7. Theatre Family Restaurant
    8. Spinnaker’s Café & Mobile Unit
    9. Truffles by the Bay
    10. Bay Voyage Dining **
    11. Cumberland Farms Store #1108
    12. Jamestown Golf & Country Club aka: Caddy Shack **
    13. Page’s Liquors **
    14. Village Hearth
    15. Freddie Bing’s Hotdog Thing *with insurance certificate
    16. The Cove Grille *with insurance certificate
    17. Del’s of Jamestown *with insurance certificate

3) Multi-License Renewal Applications including Victualing License (** Liquor License Establishment)

    1. House of Pizza
        1. Pinball/Video Game (4)
        2. Victualing License

b) Conanicut Yacht Club **

        1. Entertainment (full year)
        2. Victualing License

c) Portuguese American Citizen's Club **

    1. Entertainment (full year)

ii) Jukebox (1)

iii) Victualing License

d) Tricia’s Tropi-Grille **

    1. Entertainment (full year)

ii) Victualing License

e) Chopmist Charlies **

    1. Entertainment Fee (full year)

ii) Victualing License

f) Trattoria Simpatico **

    1. Entertainment (full year)

ii) Victualing License

    1. Narragansett Café **

i) Entertainment (full year)

ii) Jukebox (1)

iii) Pool Table (1)

iv) Pinball/Video machine (2)

      1. Victualing License

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED (if necessary):

Michael Swistak, representing the Chamber of Commerce, informed the Council that it was his understanding that the Chief of Police gave his approval for the Holiday Parade of Dogs on December 21st.

Sav Rebecchi, Sail Street, reported that all charter questions passed. Additionally, he noted that only sixty (60) voters did not complete voting on the charter questions.

There being no further business before the Council, it was moved by Councilor Littman, seconded by Council Swain to adjourn the meeting at 10:50 PM. So unanimously voted

Attest:

Arlene D. Kalooski

Town Clerk