***** UNAPPROVED MINUTES *****
TOWN COUNCIL MEETING
April 14, 2003
A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:06 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
Arlene D. Kalooski, Town Clerk
Bruce A. Leach, Town Solicitor
Thomas Tighe, Chief of Police
Fred Pease, Town Sergeant
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
Paul Dolan, Program Manager for the Division of Forest Management, informed the Council that Tree City USA is an honor program for communities that meet the criteria as set forth by the Division of Forest Management. The Town of Jamestown is one of only nine communities that have met all four specifications:
A community must:
Mr. Dolan presented a plaque and signs naming the Town of Jamestown as Tree City USA.
It was moved by Councilor Willis, seconded by Councilor Long to adopt Proclamation No. 03-009P, proclaiming Friday, April 15, 2003 as ARBOR DAY IN THE TOWN OF JAMESTOWN. So unanimously voted.
Council President Settipane introduced Resolution No. 03-010P in honor of Dennis Webster for his outstanding contributions and dedication to public service in his community.
It was moved by Council President Settipane, seconded by Councilor Littman to adopt Resolution No. 03-010P. So unanimously voted.
Following the reading of the proposed resolution 03-13R in support of our military men and women, it was moved by Swain, seconded by Councilor Willis to adopt the resolution as presented. So unanimously voted.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
It was moved by Councilor Littman, seconded by Councilor Swain to accept the surrender of a Class A Liquor License from Island Beverage, Inc. d/b/a Jamestown Liquors and to order the availability of the license advertised for hearing. So unanimously voted.
2) CLASS A LIQUOR LICENSE
Notice is hereby given by the Town Council of the Town of Jamestown, being the Licensing Board in said Town as provided under Title 3, Chapters 1-12 of the General Laws of Rhode Island 1956, and as amended that the following application has been received by the Town Council for licenses under said Act, for the year ending December 1, 2003:
Grapes and Gourmets, Inc.
dba: Grapes and Gourmets
9 Ferry Wharf
The above application will be in order for hearing at a special meeting of said Licensing Board on MONDAY, May 27, 2003 at 7:30 pm at the Jamestown Library, 26 North Road, in said Jamestown, at which time and place all remonstrants may make their objections against granting these licenses. If favorable and approved by the Council, said ad will be published in the Newport Daily News on Friday, April 25th & May 2nd (abutter notification is required)
Michael Lynch, attorney for Grapes and Gourmets, Inc. inquired when the Council would hear his client’s request for the Class A Liquor License.
It was the consensus of the Council that the deadline for accepting applications for the Class A License would be thirty days following the advertisement of availability. The hearing for individuals applying for the license would be held on June 9, 2003.
It was moved by Councilor Littman, seconded by Councilor Swain to accept the letter from Marina Golden Group. So unanimously voted.
It was requested that items # 5 and 7 (a) be removed from the Consent Agenda. It was moved by Council President Settipane, seconded by Councilor Long to accept the Consent Agenda as amended. So unanimously voted.
1) Adoption of Council minutes:
a) Harbor Management Commission (02/12/2003, 02/20/2003)
b) Board of Canvassers (03/07/2003, 03/12/2003)
c) Zoning Board of Review (02/25/2003)
d) Jamestown Substance Abuse Prevention Task Force (03/05/2003)
e) Water Study Committee (08/07/2002, 01/29/2003, 03/05/2003)
f) Tree Preservation and Protection Committee (10/15/2002, 11/19/2002)
g) Planning Commission (03/05/2003, 03/19/2003)
4) CRMC Notices:
a) April 2003 Calendar
i) Continued Public Hearing re: Jamestown Conservation Commission to construct a viewing platform and extension of nature trails on East Shore Rd.
ii) State of Rhode Island, Department of Transportation re: demolition of the old Jamestown Bridge with exception of trestle bridge sections from the west abutment to bent 28w. The remaining portion to be rehabilitated as a fishing pier
a) Central Baptist Church, 99 Narragansett Avenue, Plat 9, Lot 32 for variances and special use permits allowing for an addition not in conformity with applicable dimensional regulations and off-street parking requirements
b) Deborah E. Dobbins, 199 Capstan Street, Plat 3, Lot 236 for a variance from Article 3, Section 3-2 (District Dimensional Regulations) to construct an attached garage
8) International Brotherhood of Police Officers Local 305 re: Grievance
5) RI Department of Environmental Management Notice re: Projected Priority List Requests for Projects State Fiscal Year 2004
Upon an inquiry from Councilor Willis, the Town Administrator reported that a priority list of projects has been mailed to RI Department of Environmental Management.
It was moved by Councilor Willis, seconded by Councilor Swain to accept item #5. So unanimously voted.
7) Resolutions from other Cities & Towns
a) Town of North Kingstown
i) Resolution in opposition of gambling in Rhode Island
Councilor Willis noted that the Jamestown Town Council has, in the past, sent resolutions in opposition of gambling and requested that the Council continue to send a strong message of opposition. It was the consensus of the Council that this be discussed further at the next Council meeting on April 28, 2003.
It was moved by Council President Settipane, seconded by Councilor Long to accept the resolution from North Kingstown. So unanimously voted.
It was the consensus of the Council that the following items be taken out of order:
3) Letter from the Jamestown Golf Club re: Golf Course lease
Stephen Adamowicz, President of the Jamestown Golf Club informed the Council that the Jamestown Country Club has been accepted as a member of the Rhode Island Golf Association. However, membership requires that the Jamestown Golf Course host an RIGA competition. Mr. Adamowicz indicated that because Jamestown is not an eighteen hole course it would be highly unlikely that RIGA would hold a competition in Jamestown. Membership in RIGA would allow members to be eligible to participate in RIGA tournaments. Mr. Adamowicz requested that the terms of agreement for the Jamestown Golf Course lease include an allowance for RIGA to hold a competition annually at the Jamestown Golf Course. Mr. Adamowicz noted that the owners of the golf course do not have any problems with this request.
It was the consensus of the Council that this would be referred to the Town Administrator to contact the owners of the golf course and to discuss adding the language to the lease allowing RIGA to hold a competition annually at the Jamestown Golf Course.
8) Wood Pile Pier
Council President Settipane noted that the wood pile pier is on the agenda for further clarification from the Town Solicitor as to the overall usage of the pier. Council President Settipane reviewed a letter from the Town Solicitor, which indicates that the original 166’ of the pier was granted to the Town from the State of Rhode Island had restrictions placed on it by the Department of the Interior. Those restrictions prohibited any use but outdoor recreation use. There is also other research that showed the second portion of the pier, the 140’, as allowing for mixed use. President Settipane stated that with this information, it is necessary for Jamestown to devise a measured plan in order to be in compliance. The Town may be able to ask for relief by requesting that mixed use be allowed for all of the dock or may request that anglers be located at the end of the dock.
The Town Solicitor noted that when funding was acquired, an agreement was entered into which is binding and runs with the pier itself. The Town may however request relief or variance from those restrictions. The Town Solicitor recommended referring this to the Harbor Management Commission for their review and recommendations.
Council President Settipane invited comments from the audience.
Several commercial fishermen expressed concern that they would not be allowed to use the pier while the Town is reviewing the situation.
There were questions from Harbor Management Commission members about the legal rights of the lessee and what authority the Harbor Management Commission would have when reviewing the situation.
Council President Settipane suggested that the Harbor Management Commission would discuss this at their meeting and encourage public comment; the Harbor Management Commission could then forward recommendations for a plan of action to the Council.
It was moved by Council President Settipane, seconded by Councilor Long to refer this matter to the Harbor Management Commission for their recommendations for the development of a plan, with public input, as to the direction in future use of the wood pile pier consistent with the restrictions and relief available thereunder, and that we provide a temporary stay of enforcement respecting the status quo at the wood pile pier pending return of those recommendations from the Harbor Management Commission and further action from the Council. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Settipane announced that there would be an executive meeting later in the evening.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
Town Administrator's Report
April 14, 2003
The following report consists of items of general interest to the Council. I will be pleased to provide any additional clarification or information you require.
After the major snowstorm on February 17, 2003, the Town received a call from Rhode Island Emergency Management to forward to them all labor and material costs associated with the storm. It was our understanding RIEMA was going to apply to the Federal Government to receive reimbursement for storm related costs. Last week the State did receive confirmation that communities in Providence and Washington Counties were eligible for reimbursement. Since Jamestown is located in Newport County we are not eligible for reimbursement. I am currently working with our local representative to get funding for the Town.
I have meet with Charlotte Richardson, Executive Director of the Senior Center and SirJie Carl, Executive Director of the Jamestown Housing Authority, to finalize plans for the senior bus. We decided it would be best to make two separate day trips over to Newport at the beginning of each month. Since the bus has eight seats, those residents who have no means of transportation will be given priority. After a few months we will review this plan to see if it will meet the needs of our seniors. Currently I am looking for a volunteer to assist with driving the bus. Since the bus has only nine seats including driver, a CDL is not required to drive the bus.
I have been asked by a couple of Councilors about the possibility of increasing the parking area at the Grinnell Street parking lot. I have reviewed the lot configuration with Town Planner Lisa Bryer, to see if we can increase the parking area on the north side of the lot. With a family scheduled to move into the house on June 1st, we are concerned about the safety of the family if we extend the parking lot any closer to the house. The Affordable Housing Committee is still seeking to locate a vacant lot so the house can be relocated. Also, this spring additional trees and shrubs will be planted along the Narragansett Avenue edge.
Matt Bolles has advertised in the Providence Journal and the Town's web page for a new pick-up truck. He received three qualified bids. The low bidder was Rizzo Ford in the amount of $16,638. 00. The bid meets all specifications. I recommend we award the bid to Rizzo Ford in an amount not to exceed $16,638.
Finance Director Tina Collins has advertised for an auditing firm to complete the annual audit of the Town and School financial statements. As required by RI General Laws, Ernest Almonte, Auditor General for the State of Rhode Island has approved our recommendation to award the annual audit to the firm of Parmelee & Poirier for a period of three years.
Attached please find the contract with Vollmer & Associates. I have attached the contract and detail hours. The Town Solicitor has reviewed the contract and I would recommend the Council approved the contract. Vollmer & Associates have scheduled their first meeting with Steve Goslee and his staff for Wednesday April 16, 2003.
Last week I mailed a copy of the revised noise ordinance. Attached is additional information summarizing meter readings conducted by the Police Department for the past year. Bennett Brooks of Brooks Acoustics is available to meet with the Council to discuss the revised draft ordinance.
I received a call from Fire Chief Bryer at dawn on April 10, 2003 informing me the Fire Department's rescue boat had sunk during the night. At this time I do not have any other information relating to this incident. As I receive further information I will pass it along to you.
Attached please find a copy of the latest report from GZA and also the Town's response to DEM comments relating to the Site Investigation Report.
Following the reading of the Town Administrator’s report, the Council addressed the following items:
Vollmer & Associates (contract)
Council President Settipane requested that "Appendix A" be added to the contract with Vollmer & Associates. "Appendix A" would state the location and the project parameters to incorporate the limitations that the Council put on the contract.
Councilor Littman questioned if the $1,000,000.00 professional liability insurance is enough to cover this project. The Town Administrator indicated that this insurance is to cover the design and bid documents. There is a clause in the Request For Quote that allows the Town to bid out the supervision of the contract.
It was moved by Council President Settipane, seconded by Councilor Long to authorize the contract with Vollmer & Associates, subject to the Addendum as directed by the Council (Town Council minutes 12/16/2002) with regards to the location of Taylor Point, as it authorizes the development of the site. So unanimously voted.
Purchase of pick-up truck
It was moved by Councilor Littman, seconded by Councilor Long to approve the awarding of the bid for a new pick-up truck to Rizzo Ford in an amount not to exceed $16,638.00. So unanimously voted.
Councilor Littman commented that the skateboard park has from 40 to 50 children on a weekend and inquired if there would be any supervision.
The Town Administrator noted that the Jamestown Skateboard Park is a non-supervised park; however, the Police Department is routinely driving by, as well as the recreation staff to remind the skaters that they must wear helmets.
The Town Administrator noted that the award of the bid for the annual audit is being delayed until the Finance Director receives a letter of approval from the Auditor General.
Council President Settipane inquired if there are any grants to be applied for to assist the Town in the maintenance of the roads. Additionally, Council President Settipane requested that the road conditions be tracked and an inventoried. The Town Administrator indicated that routine road repairs are being made and inventoried.
The Town Administrator informed the Council that she was notified that the Fire Department’s rescue boat can be salvaged; however, the motor cannot.
a) Chapter 8 of Election Laws re: 17-8-2 Terms and qualifications for office
b) One (1) vacancy exists, term ending 03/31/2009; interviews complete, if favorable appoint:
i) Dolores Christman, request for reappointment; interviewed 03/17/2003
ii) Linda Warner; interviewed 04/14/2003
The Town Clerk reported that notice was sent as required in Chapter 8 of the Election Laws.
Councilor Willis noted that the election law states that there should be five times the number of applicants submitted as there are persons to be appointed. The Clerk informed the Council that notice was sent along with a copy of Chapter 8 of the Election Laws to both parties; however, there were only two names received for consideration of appointment. Councilor Willis stated that it was her understanding that the chairpersons from the political parties were unaware that they could submit more than one name.
The Town Solicitor advised that the parties have been informed and the Council could proceed with consideration of the names as presented.
Councilor Willis suggested that the parties be informed of the law again and directed to forward additional names for consideration, as stated in the law.
It was the consensus of the Council that the Town receive clear directions from the State Board of Elections on how to proceed with this appointment.
a) Letter from Fred Pease re: reappointment as Special Town Constable
It was moved by Councilor Willis, seconded by Councilor Littman to reappoint Fred Pease as Special Town Constable for a term ending May of 2005. So unanimously voted.
It was the consensus of the Council that the following items be taken out of order:
8) Harbormaster’s Boat Location
The Town Administrator indicated that this was on the agenda for Council approval and sign-off for a donation from Conanicut Marine Service for a slip to be used for the location of the Harbormaster’s boat.
It was moved by Council President Settipane, seconded by Councilor Swain to approve the donation from Conanicut Marine Services of a slip for the Harbormaster’s boat. So unanimously voted.
Councilor Long, in addressing an allegation against the Town Administrator, requested that the record show that the lapse the harbor boat remaining at the downtown location was not the fault of the Town Administrator. The Town Administrator noted that the request for the donation was sent to the Harbor Commission chair, who in turn, forwarded the request to the Town Solicitor for his review. Soon after a new solicitor was appointed and during the transition between Town Solicitors the paperwork regarding the use of the boat slip was not forwarded to CMS.
9) Harbor Management Comprehensive Plan/Proposed Harbor Management Ordinance
It was the consensus of the Council that the Town Clerk makes arrangements for a work session with the Harbor Management Commission to discuss the Harbor Management Comprehensive Plan and the Proposed Harbor Management Ordinance.
a) Reports on Dumpling Drive
i) Letter from Police Chief Tighe
ii) Letter from Jim Archibald, Jamestown Boatyard
Chief Tighe reviewed the report from the Parking Committee and recommended the following restrictions for Dumpling Drive (Road):
Chief Tighe noted that this is a change from the original proposal that the committee had previously made.
The Council discussed the letter submitted from the Jamestown Boat Yard Manager Jim Archibald.
It was moved by Councilor Willis, seconded by Council President Settipane to advertise the proposed changes to Dumpling Drive for hearing on April 28, 2003. So unanimously voted.
1) Proposed Draft Ordinance Relating to Alcoholic Beverage Licenses
It was the consensus of the Council that the Proposed Draft Ordinance Relating to Alcoholic Beverage Licenses be continued to the Council agenda on April 28, 2003.
a) Update from Town Planner
The Town Administrator noted that the Town Planner is moving forward with grant applications.
It was moved by Council President Settipane, seconded by Councilor Swain to accept the communication regarding Nonpoint Source Pollution Abatement Grants. So unanimously voted.
Council President Settipane noted that legislation is needed in order for the Town to be on a sixteen-month budget, bringing the Town in line with the July to June State fiscal year.
The Town Administrator informed the Council that she is working with the Town Solicitor to present enabling legislation to the General Assembly.
It was moved by Council President Settipane, seconded by Councilor Swain to direct the Town Clerk to forward a Resolution to the legislators requesting that they act on the enabling legislation changing the fiscal year and to exceed the 5.5% cap. So unanimously voted.
Councilor Willis noted that there is a section on page 11 of the proposed noise ordinance that is in conflict with the State Law Right to Farm Act.
It was the consensus of the Council to direct the Town Clerk to facilitate a work session with the consultant to review the proposed noise ordinance.
It was the consensus of the Council that the review of licenses as mentioned in the Town Clerk’s memorandum be continued until such time as the relating ordinances are in place.
It was the consensus of the Council that the Town Administrator provides the letter requesting the State to move the water pipeline from the Jamestown Bridge to the Jamestown Verrazzano Bridge for the Council President’s signature.
It was moved by Council President Settipane, seconded by Councilor Long to adopt the 10 Year Capital Budget Program 2003/2004 as presented by the Town Administrator. So unanimously voted.
It was moved by Councilor Swain, seconded by Councilor Long to accept the letter from Lincoln Concerned Citizens. So unanimously voted.
The Town Administrator informed the Council that the Town Planner is in the process of working on how the 1991 Low and Moderate Income Housing Act "for profit" amendment to see how it will impact Jamestown.
It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from Aquidneck Island National Police Parade Committee. So unanimously voted.
It was moved by Councilor Willis, seconded by Councilor Long to accept the communication from Scott Avedisian, Mayor of the city of Warwick re: Proclamation – May as Stroke Awareness Month. So unanimously voted.
It was moved by Councilor Swain, seconded by Councilor Littman to accept the communications from Alexandra & Christopher Kent. So unanimously voted.
It was moved by Councilor Long, seconded by Councilor Swain to approve the one day entertainment license for Arline & John Howard on June 27, 2003 from 10:00 AM to 10:00 PM, subject to payment of fees and proper insurance. So unanimously voted.
It was the consensus of the Council to take item #7 out of order.
7) Portuguese American Citizens Club
Fire Marshall Christman informed the Council that the Fire Department was unable to sign-off on this license renewal because of deficiencies at the Club. Mr. Perry has appealed the notice of deficiencies; therefore, until the appeal is heard by the State, the Portuguese American Citizens Club will remain status quo.
It was the consensus of the Council that the notice of deficiencies to the Portuguese American Citizens Club remain on the Council agenda until this is resolved through the State.
The Town Administrator reported that the Council has budgeted $2,200.00 for funding to the Newport County Community Mental Health Center.
It was moved by Councilor Littman, seconded by Councilor Willis to appropriate $2,200.00 to the Newport County Community Mental Health Center. So unanimously voted.
It was moved by Councilor Willis, seconded by Councilor Littman to order advertising for a hearing on the adoption of the Revised Code of Ordinance. So unanimously voted.
It was moved by Councilor Swain, seconded by Council President Settipane to post the warrant for the May 7, 2003 election. So unanimously voted.
Council President Settipane requested that the Town Administrator and the Finance Director conduct an internal review of the budget to insure that monies budgeted for are in line with spending and to report back to the Council.
Councilor Willis requested that the Town Administrator provide a map indicating where the Wastewater Management Plan has been implemented. Councilor Willis noted her concern that the Jamestown Shores area, targeted as a priority, has not been completed before other areas are being worked on.
The Town Administrator presented the schedule being followed, noting that the Town is working from the North end of the Shores area moving South. It is expected that the Shores area will be completed within one year. Additionally, the Town Administrator noted that it was found to be difficult to extrapolate individual lots to be targeted for inspection, but was necessary to consider the entire area when implementing the plan.
It was the consensus of the Council to request that the Town Administrator review the schedule of inspections and report back to the Council.
It was moved by Council President Settipane, seconded by Councilor Long to enter into executive session at 10:10 PM, pursuant to RIGL 42-45-2 (a) (5) real estate. It was voted, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion carried.
The Council returned from executive session at 10:30 PM.. It was moved by Councilor Long, seconded by Councilor Littman to seal the minutes of the executive session. The vote was Councilor Willis, aye; Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Council President Settipane, aye. The motion passed unanimously.
It was moved by Council President Settipane, seconded by Councilor Long to direct the Town Administrator to take action as discussed in executive session concerning and to report back to the Council accordingly. So unanimously voted.
There being no further business before the Council, it was moved by Councilor Littman, seconded by Councilor Long to adjourn at 10:31 PM. So unanimously voted.
Arlene D. Kalooski