TOWN COUNCIL MEETING

August 25, 2003

(As amended September 8, 2003)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:05 PM by Council President Kenneth G. Littman. The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Guy J. Settipane

Absent: Claire M. Ferguson

also present:

Maryanne Crawford, CPA, Town Administrator

Peter D. Ruggiero, Town Solicitor

Arlene D. Petit, Town Clerk

Representative Bruce J. Long

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

It 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 applications have been received by the Town Council for a Class F1 license (full bar) under said Act:

    1. Slice of Heaven, Inc. catering a wedding at Ft. Getty for Courtney Watson on August 30, 2003 from 10:00 AM to 10:00 PM

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the Class F1 license to Slice of Heaven, Inc. for August 30, 2003 from 10:00 AM to 10:00 PM, subject to the resolution of debt, taxes and the appropriate signatures. So unanimously voted.

CONSENT AGENDA

It was requested that items # 1 (a), 3 (c) and 7 be removed from the Consent Agenda. It was moved by Council President Littman, 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. Bills and Payroll

3) Minutes from Boards, Commissions and Committees:

a) Board of Canvassers (07/23/2003)

    1. Water Study Committee (07/23/2003)
    2. Harbor Management Commission (07/09/2003)
    3. Personnel Board (07/16/2003)
    4. Tree Preservation and Protection Committee (06/17/2003)

4) CRMC Notices:

a) Notice to Jeffrey M. Jacober, 23 Acorn St., Providence re: 800 East Shore Rd. to construct a residential boating facility; Plat 2 Lot 109

    1. DEM Notice re: Public Hearing: FY 2004 Project Priority List and FY 2004 Intended Use Plan
    2. State Planning Council; Statewide Planning Program Notices:
      1. Public Hearing, September 10 re: Amendment to Handbook 16: Handbook on Local Comprehensive Plan
      2. Public Hearing, August 28th and September 11th re: Amendment to the Transportation Improvement Program (TIP) and Ground Transportation Plan
    3. Press Release
      1. Ambulance Association Compensation Committee
      2. Personnel Board
      3. Fire Department Compensation Committee

9) Abatements/Addenda of Taxes

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1) Adoption of Council minutes:

      1. 08/12/2003 Regular Meeting

Councilor DiGiando requested that a correction be made on page 4 of the minutes. The first paragraph should state Council President Littman.

3) Minutes from Boards, Commissions and Committees:

c) Conservation Commission (07/23/2003)

Councilor DiGiando inquired if it was expected that an advisory commission would be making recommendations to other boards or commissions; and, if so, are the recommendations being forwarded to the proper individuals.

There was Council discussion that this has happened in the past, and that the Council was advised by the previous Town Solicitor that this was in order.

7) Newport County Branch, National Association for the Advancement of Colored People re: 225th Anniversary of the Battle of Rhode Island on August 24th

Councilor Settipane noted that this was not forwarded to the Council in a timely manner and requested that an invitation such as this be forwarded directly to Council members.

It was moved by Councilor DiGiando, seconded by Councilor Settipane to accept 1 (a) as amended and 3 (c). So unanimously voted.

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 updated the Council on the following items:

Cedar Lane Properties

Representative Long informed the Council that he attended a meeting with the Director of Transportation, Jerome Williams, the Department of Administration and the Chief of Policy in the Governorís office. He has been assured that the State will not take any action on the sale of the Cedar Lane properties until the Town Planner returns to work and is able to meet with the State. It would be the responsibility of the Town of Jamestown to prove the value of that property to the Town in order to protect its water shed.

Road Pavement Analysis

Representative Long informed the Council that it is expected that the Town will be able to secure an intern through the College of Civil Engineering at the University of Rhode Island to assist with the road pavement analysis project.

William Kelly, grant writer for the Town of Jamestown, reported that the Town has applied for a Port Security Grant for the full amount of funds to purchase a fire/rescue boat. It is expected that a decision will be made in October. Mr. Kelly also noted that with the acceptance of these funds, there would be some federal requirements on the use of the boat.

Councilor Settipane requested that the Quonset Point/Davisville Management Corporation be put on the September 8, 2003 Council agenda for discussion of duties and advertisement of the position.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administratorís report (verbal)
    2. The Town Administrator reported that the Police Chief, Emergency Management Director, Fire Chief and other emergency volunteers participated in the Rhode Island Department of Health Bioterrorism Exercise.

      a) Memorandum from Finance Director re: audit report FY 2/28/2003

      The Town Administrator recommended that the Council accept the audit report and schedule a work session with Parmelee, Poirier & Associates to discuss the report. Additionally, the Town Administrator stated that upon the acceptance by the Council, the audit report would be forwarded to the State by the August 31, 2003 deadline.

      There was Council discussion regarding the possibility of obtaining an extension for presentation to the State in order to allow the Council sufficient time to review the report and address any questions or concerns they may have.

      Councilor Settipane stated that he would like to have time prior to the submission of the report to discuss his concerns with the Town Administrator and then have those concerns addressed with the auditor, and if necessary, make the appropriate changes. This would avoid the necessity of a supplemental report.

      The Town Administrator requested that any concerns or questions be addressed to her and she would see that Parmelee, Poirier & Associates address these concerns at the work session.

      The Town Administrator noted that the auditors returned the first draft report in the beginning of August, there were some changes made to it and the final report was received last week to be included for Council review.

      It was the consensus of the Council that in the future the report be submitted for Council consideration earlier so that the Council would have ample time to review the report.

      It was moved by Councilor DiGiando, seconded by Councilor Long to authorize the submission of the audit report for the fiscal year ending February 28, 2003 to the State.

      It was moved by Councilor Settipane, seconded by Council President Littman to amend the motion to include that the submission of the audit report be accompanied by a cover letter from the Town Administrator advising that the comments on the notes have not yet been approved by the Council and may be subject to amendment which would be forwarded to the State upon approval by the Council. It was voted, Councilor Settipane, aye; Councilor Long, aye; Council President Littman, aye; Councilor DiGiando, nay. The motion passed with three in favor and one opposed.

      The main motion as amended was unanimously voted.

      It was the consensus of the Council to hold a work session with Parmelee, Poirier & Associates on September 8, 2003 at 6:30 PM.

    3. Notice of public hearing from Town Clerk re Harbor Management Ordinance and Harbor Management Plan, 09/04/2003
    4. It was moved by Council President Littman, seconded by Council DiGiando to accept the notice from the Town Clerk. So unanimously voted.

    5. Town Buildings and Facilities Committee
    6. a) Committee Findings re: Vollmer & Associates Highway Facility

      It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the Town Buildings and Facilities Committee as communication. So unanimously voted.

    7. Tree Preservation and Protection Committee
    8. a) Copy of memorandum to the Town Administrator re: Coordination of Activities

      The Town Administrator reported that she would coordinate a meeting with the Tree Warden and Mr. Dolan to review the Tree Preservation and Protection Ordinance.

    9. Tax Assessment Board of Review
    10. a) One (1) vacancy exists term ending 05/31/2006; duly advertised in July and interviews complete; if favorable reappoint:

      i) Barbara H. Porter; request reappointment, interviewed on 08/12/2003

      ii) Letter of recommendation for Barbara H. Porter from Anne Maxwell Livingston, Chair

      iii) Letter from Clifton Largess, Jr. re: reappointment of Barbara H. Porter

      It was moved by Councilor DiGiando, seconded by Council President Littman to reappoint Barbara H. Porter to the Tax Assessment Board of Review for a term ending 05/31/2006. So unanimously voted.

      It was moved by Council President Littman, seconded by Councilor Long to accept the letters of recommendation from Anne Maxwell Livingston and Clifton Largess, Jr. So unanimously voted.

    11. Board of Canvassers

a) Letter from chair re: Dolores Christman

      1. Letter of endorsement from the Republican party
      2. Letter of endorsement from the Democratic party
      3. Two (2) vacancies exist; one (1) full time member term expiring 03/01/2009, one (1) alternate member term ending 03/01/2005; all interviews complete, if favorable appoint:

i) Dolores Christman (D); interviewed 03/17/2003 seeking reappointment

ii) Linda Warner (R); interviewed 04/14/2003

iii) Carol Nelson-Lee (D); interviewed 07/14/2003

iv) Ann Livingston (D); interviewed 07/14/2003

v) Dennis Webster (D); interviewed 07/21/2003

vi) Joann Head (R); interviewed 07/21/2003 (no application submitted)

vii) Pat Ritacco (R); interviewed 07/28/2003 (no application submitted)

Council President Littman reviewed the interpretation of the Town Charter by the previous Town Solicitor regarding the term limits on Boards, Commissions and Committees as stated in the letter from Douglas R. DeSimone.

Council President Littman expressed concern that there was no implementation language in the Town Charter regarding term limits and therefore, suggested that the present Town Solicitor provide a second opinion. Also of concern was how State law interacts with the Town Charter in relation to the Board of Canvassers.

Councilor Settipane noted that the appointments made after receipt of the opinion letter from Mr. DeSimone have followed the guidelines as submitted, specifically, the explanation to question #5. To do otherwise now would create an inequitable situation for residents that were found to be ineligible to be reappointed because they have already served three terms.

Councilor Settipane stated that the language is plain and clear in Section 1002 (3) of the Town Charter: unless otherwise mandated by State law or regulations, all terms of Board, Commission and Committee membership shall be limited to three (3) years. With the exception of the Zoning Board of Review alternate members, no person shall serve more than three (3) consecutive terms.

Councilor Settipane noted that 74.5% of the people voted on and passed this provision. The Council has had opinions from two Solicitors and has followed this rule of law in making other appointments and disregarding some of the candidates that have already exceeded these three terms.

Following continued discussion, it was moved by Council President Littman, seconded by Councilor Long to accept the letter from Marian Clarke. So unanimously voted.

It was moved by Council President Littman, seconded by Councilor Settipane to accept the communication from the Republican Town Committee. So unanimously voted.

It was moved by Council President Littman, seconded by Councilor Settipane to accept the letter from the Democratic Town Committee. So unanimously voted.

It was moved by Council President Littman, seconded by Councilor Long to have the Town Solicitor provide an opinion on interpreting language of the Town Charter related to people serving on boards and commissions, how it applies to the appointment of residents to the Board of Canvassers and whether Ms. Christman is eligible under our Town Charter to be reappointed as a member of the Board of Canvassers. The requested opinion is to be provided by September 8 or earlier. It was voted, Councilor Long, aye; Councilor DiGiando, aye; Council President Littman aye; Councilor Settipane, nay. The motion passed with three in favor and one opposed.

It was the consensus of the Council that the Solicitorís opinion and appointment to the Board of Canvassers be put on the agenda for the September 8, 2003.

    1. Affordable Housing Committee

a) Three (3) vacancies exist, one (1) vacancy exists term ending 05/31/2004 (replace Jan Campbell) and two (2) vacancies ending 05/31/2006; duly advertised and all interviews complete; if favorable appoint:

i) William Murphy; (out of town for interview) seeking reappointment

ii) Carol Buglio; interviewed 07/28/2003 seeking reappointment

iii) Catherine A. Goode Devellis; interviewed 07/28/2003

iv) Heidi Ward; interviewed 08/12/2003 (Grinnell St. renter)

It was moved by Council President Littman, seconded by Councilor Long to appoint Catherine A. Goode Devellis to the Affordable Housing Committee, term ending 05/31/2004. So unanimously voted.

It was moved by Council President Littman, seconded by Councilor DiGiando to reappoint William Murphy and Carol Buglio to the Affordable Housing Committee, term ending 05/31/2006. So unanimously voted.

UNFINISHED BUSINESS

1) Highway Barn Facility (cont. from 08/12/2003)

a) Neighborhood Advisory Committee; appointment of liaisons

A representative from:

There was Council discussion regarding the need for committee liaisons to be involved in meeting with Vollmer & Associates during the design process for the new Highway Facility. The liaisons would be selected from the Neighborhood Advisory Committee, representing their concerns of how the design affects the neighborhood; the Town Buildings and Facilities Committee addressing their concerns with the operational aspects of the design and the Conservation Commission addressing concerns relating to environmental issues.

Also discussed were Council concerns relating to the reports submitted by Vollmer & Associates being reviewed by the Neighborhood Advisory Committee prior to submission to the Council. It was the consensus of the Council that all reports from Vollmer & Associates should first go to the Council for their review.

It was moved by Councilor Settipane, seconded by Councilor Long to designate Councilor DiGiando as Council Liaison to meet with Vollmer & Associates during the development stages of the designs concerning the Highway Facility. So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Settipane to have the following committees come forward with one liaison each: Neighborhood Advisory Committee, Town Buildings and Facilities Committee and Conservation Commission, for the purpose of meeting with Vollmer & Associates and the Council liaison to work out the details and plans for the Highway Facility. So unanimously voted.

2) Noise Ordinance

3) Liquor Control Ordinance

The Town Administrator recommended holding a work session with the consultant to review the draft noise ordinance in order to familiarize the public with how the noise levels are arrived at and why they are included in the ordinance.

Councilor Settipane suggested that there be a joint work session to review both the Noise Ordinance and the Liquor Control Ordinance. Councilor Settipane stated that it was his understanding that the Liquor Control Ordinance would have a section for the Noise Ordinance component to be incorporated into it.

Councilor DiGiando noted that some of the noise levels taken downtown are over the level set in the ordinance and suggested that the noise levels set in the ordinance be reviewed and that other measurements be taken at different times and locations.

It was the consensus of the Council to hold a joint work session to discuss the Noise Ordinance and the Liquor Control Ordinance at the end of September or early October. The consultant for the Noise Ordinance will be in attendance at the work session. The Clerk is instructed to forward the ordinances to the Town Solicitor for his review.

4) Parking Ordinance amending Section 1203 Ė Minimum Off Street Parking

    1. Request for extension to 180 day sunset clause (expires 09/24/2003)

Council President Littman noted that the Planning Commission is unable to meet the deadline set in the sunset clause of the Proposed Parking Ordinance due to the unexpected illness of the Town Planner. Therefore, the Council is being asked for an extension.

It was suggested that the Council extend the sunset clause for sixty days; however, Councilor Settipane suggested more time so that the Council would have time to review what the Planning Commission submits.

The Town Solicitor advised that in order to change the sunset clause, it would be necessary to hold a public hearing.

It was moved by Council President Littman, seconded by Councilor Settipane to advertise for a hearing to be held on September 22, 2003 for the purpose of changing the sunset clause in paragraph (3) as follows: This paragraph and its applicability shall expire on January 1, 2004. So unanimously voted.

5) Cost estimates for Water Distribution System Improvements (continued from 08/18/03 Water and Sewer Meeting)

a)                  Discussion re: Bonding

Council President Littman stated that he would like to discuss the coordination of the funding process for the bonding of the water distribution system improvements and the water tower, as well as the downtown improvement project.

The Town Administrator informed the Council that the water fund was established with enabling legislation; therefore, the General Assembly must approve the bonding of funds. The General Assembly will open in January, which would allow ample time to prepare the necessary legislation. Following the passage of the legislation, it would be presented to the voters at the Financial Town Meeting in March. Bid specifications could be sent out in the summer with the project ready to start sometime in the fall.

Councilor Settipane stated that he would like to see a plan formulated and requested that this matter be referred to the Sewer and Water meeting at the appropriate time.

It was the consensus of the Council that the plan for coordinating funding and projects be put on the Council agenda in October for Council approval.

COMMUNICATIONS

    1. Letter from Loyal Ft. Getty Seasonal Campers re: Ft. Getty Park issues
    2. There was no action taken on the unsigned letter.

    3. Letter from Janice Ryng Dutton re: Park Dock situation
    4. It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from Janice Ryng Dutton. So unanimously voted.

    5. Letter from Nicholas Schaus re: Harbor Management Ordinance hearing

It was moved by Councilor DiGiando, seconded by Councilor Long to accept the communication from Nicholas Schaus. So unanimously voted.

NEW BUSINESS

1) Entertainment License Application:

a) Jamestown Golf Course to have entertainment at the Golf Course & Country Club on October 5th at 245 Conanicus Avenue*. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures. (*previously denied on July 14, 2003)

Council President Littman abstained from any discussion and vote regarding the Jamestown Golf Course.

Councilor DiGiando noted that this Entertainment License Application was before the Council previously and was denied. The Town Solicitor noted that the Council does not have any rules or procedures that prohibit an issue to be brought before them again. If this application has new information, the Council could consider this as a new request.

It was moved by Councilor DiGiando, seconded by Councilor Settipane to approve the One Day Entertainment license for the Jamestown Golf Course for October 5, 2003 from 2:00 PM to 6:00 PM, subject to the resolution of debts, taxes and appropriate signatures. It was voted Councilor DiGiando, aye; Councilor Settipane, aye; Councilor Long, nay. The motion passed with two in favor, one opposed and one abstained.

    1. One Day Peddler & Entertainment License
    1. Jamestown Seaside Family Cruise to hold the annual car show at the Ft. Getty Pavilion from 9:00 AM to 3:00 PM on August 31st. Applicant seeks approval for a DJ and the sale of food; all proceeds to be donated to local charities. If favorable grant request and waive $10.00 application fee subject to the resolution of debts, taxes and appropriate signatures.

It was moved by Councilor Settipane, seconded by Council President Littman to approve the One Day Peddler and Entertainment License for the Jamestown Seaside Family Cruise at the Ft. Getty Pavilion from 9:00 AM to 3:00 PM on August 31, 2003 and to waive the $10.00 application fee, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

Councilor DiGiando noted that there was no insurance policy and inquired if the Town had any exposure to liability for such events.

It was the consensus of the Council that the question regarding the Townís exposure to liability and the possible need for an applicant to provide liability insurance for a non alcoholic event be referred to the Town Solicitor for review.

The Town Administrator noted that she would also discuss the need for insurance at a Town owned facility with the RI Interlocal Trust.

    1. Ft. Getty One Day Entertainment License:
      1. Craig Watson to hold a wedding from 2:00 to 10:00 PM on August 30th. Applicant seeks approval for a DJ. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
      2. It was moved by Councilor DiGiando, seconded by Councilor Settipane to approve the One Day Entertainment License at Ft. Getty for Craig Watson from 2:00 PM to 10:00 PM on August 30, 2003, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

      3. Jamestown Republican Town Committee to hold a public event from Noon to 4:00 PM on September 7th. Applicant seeks approval for a DJ. All proceeds will benefit the 325th Anniversary celebration of Jamestown. If favorable grant subject to the resolution of debts, taxes and appropriate signatures

Councilor Settipane recused from any vote or discussion regarding the event to be held by the Jamestown Republican Town Committee.

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the One Day Entertainment License for the Jamestown Republican Town Committee on September 7, 2003 from Noon to 4:00 PM, subject to the resolution of debts, taxes and appropriate signatures. It was voted; Councilor DiGiando, aye; Councilor Long, aye; Council President Littman, aye; Councilor Settipane recused. The motion passed.

4) Appointment of Police Officer Karen A. Moulay to permanent position (previously sworn in as a probationary officer on 01/13/2003))

It was moved by Council President Littman, seconded by Councilor Long to appoint Karen A. Moulay as a permanent police officer. So unanimously voted.

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED (if necessary)

Valerie Malloy, Columbia Avenue inquired about water restrictions for well users.

Norma Willis, North Main Road inquired if it is legal to put restrictions on private wells.

Councilor Settipane asked that the following questions regarding private well users be answered:

It was the consensus of the Council to request that this be placed on the agenda for the September 8, 2003 Town Council meeting for further discussion.

Fred Pease, Maple Avenue, stated that the Committee for the 325th Anniversary would be requesting Council permission hold a parade and to use Veteranís Square. Council President Littman requested that this be put on the September 8, 2003 Council agenda.

At Councilor DiGiandoís request, the Council discussed the procedure for addressing water and sewer issues on the Council agenda, as well as Council items on the Board of Water & Sewer Commissionersí agendas.

Councilor Settipane noted that, in the past, the items have been addressed by holding a special meeting with a separate agenda from the regularly scheduled meeting in session.

Sav Rebecchi, Sail Street, stated that it was the intent of the Charter Review Committee to have the Council promulgate the rules and regulations for Town Council meetings.

Councilor DiGiando inquired into the procedure for obtaining a peddlerís license and the possibility that at Foolís Rules Regatta there were vendors without a license. The Town Administrator informed the Council that this would be a police matter. Any violation should be reported to the police for investigation.

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

Attest:

Arlene D. Petit

Town Clerk