TOWN COUNCIL MEETING

August 12, 2003

(As amended on August 25, 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 Kenneth G. Littman. The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Claire M. Ferguson

Guy J. Settipane

also present:

Maryanne Crawford, CPA, Town Administrator

J. William H. Harsch, Town Solicitor

Arlene D. Petit, Town Clerk

Steven Goslee, Publics Works Director

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Swearing in Ceremony

    1. J. William W. Harsch, Town Solicitor
    2. J. William W. Harsch was sworn in as the Jamestown Town Solicitor by Council President Littman.

    3. Kenneth S. Gray, Tax Assessor

Kenneth S. Gray was sworn in as the Tax Assessor for the Town of Jamestown by Council President Littman.

2) Request for Proclamation honoring Eagle Scouts Benjamin Toll and Cory Neale

    1. Proclamation No. 03-020P re: Benjamin Toll, Eagle Scout
    2. It was moved by Councilor Settipane, seconded by Councilor Long to adopt Proclamation No. 03-020P in honor of Eagle Scout Benjamin Toll. So unanimously voted.

    3. Proclamation No. 03-021P re: Cory Neale, Eagle Scout

It was moved by Councilor Long, seconded by Councilor Settipane to adopt Proclamation No. 03-021P in honor of Eagle Scout Cory Neale. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

It was the consensus of the Council to take the item under Unfinished Business (2) Highway Facility at Taylor Point out of order.

Unfinished Business

2) Highway Facility at Taylor Point

John Hannigan of Vollmer and Associates reviewed the five options previously presented to the Town Council on July 28, 2003. Mr. Hannigan stated that he would not have firm cost estimates for the project until the Council decides which alternate site plan to use.

Although the Council was in agreement on the use of alternate location number three, there was concern raised by Councilor Settipane regarding the encroachment into the boundary set by the Council. The building would cross the cart path by approximately 60 feet in one area. Also of concern was the environmental impact on the wetland area. Councilor Settipane suggested that Mr. Hannigan review the conceptual plans that were previously voted on by the Council.

The Council discussed several ways to reduce the encroachment onto the cart path for alternate site number three, such as: reduce the size of the apron or reposition the building.

Mr. Hannigan reported that the paved area as set out in alternate number three is required for the work that is necessary and the turn radius that is needed. The next phase of design work would look more closely at the dimensions.

Councilor Ferguson expressed concern over the visual aspect of the facility. Also of concern was how the vehicles would access the site.

Mr. Hannigan mentioned that he was not involved in the traffic study.

The Council discussed how the Building and Facilities Committee would become involved after the Council selects the location of the facility on the Taylor Point site.

Mr. Hannigan assured the Council that Vollmer and Associates would work with the Council and committee members to complete the design work.

The Council discussed who would be working with Vollmer and Associates on the design phase of the project. Consideration was given to the Neighborhood Advisory Committee, a representative from the Buildings and Facilities Committee, a representative from the Conservation Commission, Director of Public Works and the Council Liaison.

It was moved by Councilor Settipane, seconded by Council President Littman to close the presentation. So unanimously voted.

It was moved by Councilor DiGiando, seconded by Councilor Littman to accept alternative site number three for the location of the Highway Facility at Taylor Point.

It was moved by Councilor Settipane, seconded by Council President Littman to amend the motion to include that alternate site number three selection take into consideration the Council’s concerns as expressed over the aesthetic view from various points of the island, the encroachment on the foot path which were in the site restrictions of the original motion and the operational needs of the Department of Public Works. So unanimously voted.

The main motion as amended was unanimously voted.

It was requested that the liaisons to the Neighborhood Advisory Committee be put on the Agenda for a special Council meeting on August 18, 2003 to identify the specific committee members to work with Vollmer and Associates.

CONSENT AGENDA

It was requested that item # 2 and # 5 be removed from the Consent Agenda. It was moved by Councilor Long, seconded by Councilor DiGiando to approve the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of the following:

1) Adoption of Council minutes:

      1. 07/28/2003 Regular Meeting

3) Minutes from Boards, Commissions and Committees:

a) Jamestown Housing Authority (07/09/2003)

    1. Water Study Committee (04/02/2003, 04/23/2003)

4) CRMC Notices:

    1. August 2003 Amended Calendar

b) Notice re: Michael J. and Barbara A. Infantolino, 1141 North Main Rd. re: construct a residential boating facility; Plat 3 Lot 485, said location

5)

6) Zoning Board of Review Abutter Notification

a) Town of Jamestown Golf Course (Joseph Mistowski, Lessee), 245 Conanicus Ave., Plat 8, Lot 283, for a Special Use Permit to erect a maintenance facility

b) Keesha Clark (Linda Brown, owner), 123B Narragansett Ave., Plat 9, Lot 12 for a Special Use Permit to allow the use of Unit B as a business engaged in therapeutic massage and retail sales

7) Resolutions/Proclamations of other Rhode Island Cities & Towns

a) Town of Coventry request for support of House Bill H-6147, Providing Construction Aid for Public Libraries

8) Invitation to Community Awareness Fair

9) Abatements/Addenda of Taxes

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2) Bills and Payroll

Council President Settipane Littman inquired into the item for grant proposals. The Town Administrator reported that the expense was for several grants that are being submitted.

It was moved by Councilor Long, seconded by Councilor DiGiando to adopt item #2 on the Consent Agenda. So unanimously voted.

Councilor Settipane inquired if the intern has been hired for the Planning Department. The Town Administrator reported that the individual has been hired and she is currently working on the Parking Survey and the Hazardous Mitigation Plan.

5) RIDEM re: Notice for Solicitation of Proposals under the National Boating Infrastructure Grant Program

Councilor Settipane requested that the Notice for Solicitation of Proposals under the National Boating Infrastructure Grant Program be referred to the Harbor Management Commission and the Executive Director for their review. It was also requested that the Town Solicitor review the grant for any restrictions, limitations or rights that the Town would give up by the accepting of any grant funds.

It was moved by Councilor Settipane, seconded by Councilor DiGiando to adopt item #5 of the Consent Agenda. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

1) Proposed Harbor Management Ordinance (cont. from 08/07/2003)

Council President Littman opened the hearing at 8:15 PM.

The Council discussed continuing the hearing to a separate night. It was moved by Council President Littman, seconded by Councilor Long to continue the hearing on the proposed Harbor Management Ordinance to September 4, 2003 at 7:00 PM at the Jamestown Philomenian Library. So unanimously voted.

It was moved by Council President Littman, seconded by Councilor Long to schedule the hearing on the proposed Harbor Management Plan on September 4, 2003 at 8:00 PM at the Jamestown Philomenian Library. So unanimously voted.

OPEN FORUM

    1. Scheduled request to address
    2. None

    3. Non-scheduled request to address

Representative Bruce Long reported on the following items:

Fred Pease, Maple Avenue reported on the plans for Jamestown’s 325th Anniversary.

Mr. Pease reported that donations could be made through the Chamber of Commerce.

Robert Dolan, Tree Preservation and Protection Committee, informed the Council that the Committee requesting that the Town take on the watering of trees planted on public property. Additionally, Mr. Dolan requested that the Committee be involved in the Taylor Point project regarding the planning, protection and planting of trees.

William Kelley, Town Grant Writer, informed the Council that he would be attending the meeting on Friday morning with Representative Long regarding the grant available under the Homeland Security Act.

Mr. Kelley suggested that the Highway Facility be functional and that the operational needs be met for the next thirty years.

Council President Littman called for a five-minute break.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (attached)

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Town Administrator's Report

August 12, 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.

I have spoken with the staff at CRMC regarding the chain link fence at Park Dock. CRMC has made an inspection and met with the resident who installed the fence. CRMC has requested that three sections of the fence be removed and the position of the fourth section re-adjusted to more of an angle toward the road. The resident who installed the fence stopped in my office and informed me he will comply with CRMC's request within the next week.

Last spring the Council approved the attached zoning amendment with a sunset provision of September 24, 2003 (see attached). The Council adopted the ordinance with the understanding that the Town Planner, working with the Planning Commission, will conduct a parking survey/study during the summer months and make recommendations to the Council sometime prior to the sunset provision. In recent months the Planning Department has conducted the survey and is currently compiling the results. With Lisa Bryer on medical leave for the next four to six weeks, I would recommend the Council consider extending the deadline for the Planning Commission response for at least another sixty days. I have spoken to Lisa Bryer, Planning Commission Chairman Gary Girard and Chamber President Michael Swistak and they all concur with this recommendation.

The committee responsible for organizing the Town's 325h anniversary of the signing of the Town Charter would like to sell a commemorative coin and key chain. On one side of the coin they would like to put the Town seal. The Town's policy is that the Town seal cannot be used without permission from the Council. Since this event is the celebration of the signing of the Town Charter, I will authorize the use of the Town's seal with your consent.

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The Council requested additional information on the following issues:

Noise Ordinance

Councilor DiGiando requested that the Noise Ordinance be put on the agenda for the next Council meeting on August 25, 3004.

Liquor Control Ordinance

It was requested that the Liquor Control Ordinance be put on the next Council agenda on August 25, 2003.

Parking Ordinance

The Town Administrator informed the Council that the Parking Ordinance adopted on March 24, 2003 had a 180 day sunset clause which expires on September 24, 2003 and requested a sixty day extension as the Town Planner will be out ill for four to six weeks.

The question arose as to whether it would be necessary to hold a hearing in order to amend the ordinance.

The Town Solicitor informed the Council that notice on the Council agenda would satisfy due process.

It was the consensus of the Council that the Parking Ordinance amending Section 1203 – Minimum Off-Street Parking be put on the Council agenda for the August 25, 2003 meeting.

Other Issues:

Councilor Settipane requested that the Highway Department report contain more detail. Additionally, Councilor Settipane requested that the Parks and Recreation report address right of way issues.

Councilor Littman requested that the Parks and Recreation Director investigate the cost of resurfacing the basketball court with the same surface as the Wilson Park or Davisville Park in North Kingstown.

It was the consensus of the Council to allow the use of the Town seal for Jamestown’s 325th Anniversary Commemorative Coin.

UNFINISHED BUSINESS

1) Assessment of Town Roads (cont. from July 14, 2003)

    1. Assessment Plan
    2. Timeline for project completion

Following Council discussion, it was determined that the Public Works Director would provide an interim report on road conditions and repairs with an update and status report due to the Council by the last meeting in November.

    1. Highway Facility at Taylor Point (cont. from July 28, 2003)

Previously discussed.

3) Community Center Project (cont. from July 28, 2003)

    1. Signage
    2. The Town Administrator stated that, to her knowledge, Tom Todd was working with Pat Eannarino on signage for the Community Center.

    3. Landscape maintenance

The Town Administrator reported that there is a landscape maintenance plan in place for the Community Center.

4) Public Access and Maintenance of Rights-of-way (cont. from July 28, 2003)

a) Information relating to Shores Beach

Council President Littman reviewed previous meetings and Town Solicitor reports relating to the Shores Beach and rights-of-way, noting that this is a reoccurring problem that the Council has been dealing with for some years.

Councilor Long requested that the Town Solicitor review the information and provide the Council with recommendations.

Councilor Settipane raised his concerns regarding limitations put on property acquired by using Federal funding. Also of concern are parking problems and trash buildup in all rights-of-way.

It was the consensus of the Council that they should deal with the management of activities and not the prohibition of activities.

The Town Solicitor reported that when the Council is considering issues in or near the coastal zone, it would be necessary to work with CRMC; however, this would not preclude the Town from addressing these issues on a local level.

It was the consensus of the Council to continue the issue concerning public access and maintenance of rights-of-way to the September 22, 2003 Council meeting.

Donald Forest, Summit Avenue strongly urged the Council to consider resident only parking for the Park Dock right of way.

COMMUNICATIONS

1) Letter James T. Murphy, Hanson Curran re: appointment of Town Solicitor

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from James T. Murphy. So unanimously voted.

2) Letter from Donna J. Cote re: access to rights-of-way

It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from Donna J. Cote and to refer it to the Town Administrator and Town Solicitor. So unanimously voted.

NEW BUSINESS

1) Ft. Getty One Day Entertainment License:

a) RI Turnpike and Bridge Authority at the Pavilion (DJ) for September 14, 2003. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.

It was moved by Councilor Settipane, seconded by Councilor Long to approve the One Day Entertainment License for the RI Turnpike and Bridge Authority at the Pavilion for September 14, 2003, subject to the resolution of debt, taxes and appropriate signatures.

2) Request for waiver of fee from Jane Toll for use of Pavilion ($150.00) on August 20, 2003 re: Boy Scout Eagle Court of Honor for Cory Neale and Ben Toll

It was moved by Council President Littman, seconded by Councilor DiGiando to waive the $150.00 fee for the use of the Pavilion for the Eagle Scout Court of Honor. So unanimously voted.

3) Letter from Doriana Casella and Andrea Colognese re: request for permanent pavement patch in front of driveway (2 Watson Avenue)

It was moved by Council President Littman, seconded by Councilor Settipane to refer the letter from Doriana Casella and Andrea Colognese to the Town Administrator. So unanimously voted.

4) Water Restrictions (per Councilor Long)

Councilor Settipane stated that water restrictions and related water issues should not be determined at a Council meeting, but should be acted upon by the Board of Water and Sewer Commissioners.

Councilor Long reported that because of the wet summer season, it was the recommendation of the Water Study Committee to lift the odd/even water restrictions.

The Town Solicitor recommended that the Council pass a resolution to ease the water restrictions, allowing the Town Solicitor to research the ability of the Council to act as the body to lift water restrictions. If necessary, the easing of water restrictions can be put on the agenda for the Board of Water and Sewer Commission meeting.

It was moved by Council President Littman, seconded by Councilor Long to pass a resolution easing water restrictions by lifting the odd/even watering schedule and to allow the watering of boats, houses and gardens, effective immediately upon publication unless the Town Solicitor determines that it should only be voted upon by the Board of Water and Sewer Commission. So unanimously voted.

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED (if necessary)

Donald Forest thanked the Council for considering his request.

There being no further business, it was moved by Councilor Settipane, seconded by Councilor Long to adjourn the meeting at 9:40 PM.

Attest:

Arlene D. Petit

Town Clerk