TOWN COUNCIL MEETING
A regular meeting of the
Jamestown Town Council was called to order at the Jamestown Philomenian
Library,
David J. Long, Vice President
Julio J. DiGiando
Guy J. Settipane
Absent: Claire M. Ferguson
also present:
Maryanne Crawford, CPA, Town Administrator
William Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
Christopher Powell, Conservation Chair
William Kelly, Grant Writer
Representative Bruce J. Long
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
None
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
It was requested that items # 1 (a), 3
(b), 5 (a) and 8 be removed from the Consent Agenda. Councilor Settipane abstained on the
following vote. It was moved by
Councilor Long, seconded by Councilor DiGiando to approve the Consent Agenda as
amended. It was voted three in favor
with Councilor Settipane abstaining. The
Consent Agenda consisted of the following:
1) Adoption of Council minutes:
a)
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
a) Zoning
Board of Review (
b)
4) CRMC Notices:
a) September 2003 Calendar
b)
Cease & Desist Order: Settipane Family Trust,
5) DEM Notices:
a)
b) RIPDES Program Notice re: draft of general permit for storm water discharge from small municipal separate storm sewer systems
6) Press Release re: Library Board of Trustees
7)
Naval Station Newport Restoration Advisory Board
Meeting minutes
8)
9) Abatements/Addenda of Taxes
*************************************************
1) Adoption of Council minutes:
a)
Council President Littman requested that Council members review the votes taken relating to the appointment of committee liaisons to meet with Vollmer & Associates regarding the Highway Barn Facility. It was the consensus of the Council that the votes were recorded correctly.
Council President Littman indicated that the committee liaisons have not been given instructions as to what is expected of them. Councilor Settipane mentioned that it would be up to the Council to inform them once they are selected.
Councilor Settipane requested that the Clerk review the tape of the meeting from August 25 to include comments that he made regarding the appointment to the Board of Canvassers.
Councilor DiGiando mentioned that all applicants were not interviewed. Ms. Ritacco and Ms. Head were scheduled, however, they were not interviewed.
Consideration of the minutes was continued to the
3) Minutes from Boards, Commissions and Committees:
b) Water
Resources Protection Committee (
Councilor DiGiando asked for clarification on a comment in the minutes for the Water Resources Committee. In question was the second paragraph regarding a question on a letter from Attorney Bruce Leach and the comment regarding the Council making policy decisions. The Town Administrator stated that she would report back to the Council with additional information.
5) DEM Notices:
a) DEM Freshwater Wetlands Program
application of Andrea Colognese and Doriana Carella of
The Town Administrator informed the Council that there was
some concern raised at todays
staff meeting regarding the application of Andrea Colognese
and Doriana Carella to
alter a freshwater wetland. The Town
Administrator requested that this application be continued to the next Town
Council meeting on
It was moved by Council President Littman, seconded by
Councilor DiGiando that the application by Andrea Colognese
and Doriana Carella to
alter a freshwater wetland be continued to unfinished business at the next Town
Council meeting on
Christopher Powell, Conservation Chair, noted that this will be discussed at the next meeting of the Conservation Commission.
8)
Training Opportunities for Municipalities Fall 2003 -
Spring 2004 (reply date extended to
The Town Administrator noted that if any Council member
wishes to attend any of the classes being offered, the Town Clerk will make the
arrangements. There is a
It was moved by Councilor DiGiando, seconded by Councilor Long to accept items 3 (b) and 8 on the Consent Agenda. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT:
None
PUBLIC HEARINGS
1) Proposed Harbor Management Ordinance
and Proposed
Council President Littman opened the hearing at
OPEN FORUM
1) Scheduled request to address
None
2) Non-scheduled request to address
Representative Bruce Long reported on the following items:
A meeting will be scheduled with the State when the Town Planner returns to work
A grant has been submitted and it is hoped that the project will be fully funded
William Kelly, grant writer, reported that the grant for the fire/rescue boat was submitted for an emergency response vessel by Lisa Bryer, Town Planner, for the Jamestown Volunteer Fire Department in the amount of $225,000. Mr. Kelly reported that this grant is given through the Port Authority and is very competitive.
Christopher Powell, Conservation Chair, reported that the Eagle Scout project, Phase One of the Greenway, has been completed. Mr. Powell thanked the Quononquott Garden Club for their donation of $500.00 and the Town for their donation of $500.00. He encouraged Council members and residents to visit the sanctuary and walk the trail.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1)
Town Administrator’s report
(attached)
------------------------------------
Town Administrator's Report
September 8, 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 Bernard Poirier, partner with the town's auditing firm Parmlee, Poirier & Associates regarding a workshop with
the Council. Mr. Poirier had another commitment for tonight and could not meet
with the Council. I have re‑scheduled the workshop to take place on
Steve
Goslee has requested that Ed Summerly of GZA attend a Council meeting during
the month of September. Unfortunately Mr. Summerly will not be available until
the Council meeting on
The
International City/County Manager's Association holds its annual conference in
September. Since I have completed my master's degree, I will, for the first
time, be attending this conference from September 21st to 24th
. My fellow mangers that have annually attended this have found it very
beneficial. I am looking forward to attending the conference and anticipate
coming back with new ideas and strategies to assist us in the coming years.
-----------------------------------------------------------
Additional information requested by the
Council:
Budget to Actual Report
Councilor DiGiando inquired if
percentage of budget to actual is reflective of where we are in the budget
cycle. The Town Administrator indicated
that this was not the case because certain expenses are cyclical in nature and
therefore, the percent of budget could be higher or lower at any given
time.
2) Planning Commission
a) Copy of letter to the Tree Preservation and Protection Committee re: Amendments to the Tree Preservation & Protection Ordinance
It was the consensus of the Council
that the amendments to the Tree Preservation & Protection Ordinance be put
on the Council agenda for
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from the Planning Commission. So unanimously voted.
3) Board of Canvassers
a) Letter from the Town Clerk re: vacancy
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from the Town Clerk. So unanimously voted.
b) 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; interviewed
ii) Linda Warner; interviewed
iii) Carol Nelson-Lee; interviewed
iv) Ann Livingston; interviewed
v) Dennis Webster; interviewed
vi) Joann Head; inte rviewed
vii) Pat Ritacco; interviewed
Council President Littman stated that the Jamestown Charter amendment passed on November 5, 2002 relating specifically to Section 1002 (3), term limits for members of boards, commissions and committees, was interpreted by the previous Town Solicitor; however, there are still questions of whether the interpretation should be applied prospectively or retroactively. For that reason, it was requested that our present Town Solicitor submit a written opinion.
The Town Solicitor presented a written opinion indicating that terms of service should begin accruing toward the three-term maximum, beginning in November 2002. Mr. Harsch supported that opinion by referencing several Supreme Court findings.
Council President Littman noted that this would not just apply to the Canvassing Authority but would apply to all boards, commissions and committees.
Councilor Settipane addressed Charter Review Committee work sessions and minutes that indicate their intent to apply this retroactively and inquired if the Town Solicitor reviewed these documents.
The Town Solicitor stated that he did not. Mr. Harsch stated that the intent of the Charter Review Committee is not relevant. What is relevant is how this was presented to the voters; how would this section be applied. This was not clearly stated in the questions submitted to the voters. The Town Solicitor stated that specific language should have been added if “prior terms were to be taken into account.” Because the Charter amendments, as presented to the voters, did not contain language that was widely understood and that somehow interpreted it other than its special interpretation, the conclusion is that we respectfully differ with the previous Town Solicitor’s interpretation.
Councilor Settipane asked the Town Solicitor what documents were reviewed when preparing his decision.
The Town Solicitor replied that he had reviewed the Charter and any documentation that was circulated prior to the election and passage of the amendment, which would indicate public awareness on any element of the various amendments that were before the public. Mr. Harsch stated that he was looking for information as to whether some other interpretation to this language was widely known at the time of the election.
The Town Solicitor cited Gare v. Gannon, 819 A.2d 651 (RI 2003) which states statutes and their amendments operate prospectively, unless there is clear strong language for necessary implication intended to give the statute retroactive effect.
Councilor Settipane expressed his concern with the differing opinions of three solicitors and how this affects those appointments that have been made.
Sav Rebecchi, former Town Charter Review Committee member, commented that when that provision Section 1002 (3) was added, the committee was unable to come up with a decision as to how to handle term limits. The committee had intended it to be handled by the Town Council and the Town Solicitor. The intent of that section was to motivate people to apply to boards and committees and break the lock on these boards and committees. The committee did not decide whether it should be considered prospectively or retroactively.
Council President Littman stated that looking back at Section 1002, the Council did not notice that there was no language on how this section would be applied.
Councilor Settipane noted that the previous Town Solicitor advised that additional language was not necessary.
Following additional discussion, Councilor Long and Councilor DiGiando indicated that they were ready to move on to a decision regarding appointment to the Board of Canvassers.
It was moved by Council President Littman, seconded by Councilor DiGiando to nominate Dolores Christman for appointment to the Board of Canvassers, term ending 2009. It was voted three in favor with Councilor Settipane abstaining.
It was moved by Council President Littman, seconded by Councilor Settipane to appoint Linda Warner as the alternate member of the Board of Canvassers, term ending 2004. So unanimously voted.
UNFINISHED BUSINESS:
1) 325th Anniversary Celebration
a) Status update
b) Letter
from Police Chief Tighe re: approval to block off
Fred Pease gave an update on the plans for the 325th
Anniversary Celebration. Mr. Pease
reported that on Friday evening there will be a ceremony at the
Jill Anderson,
It was moved by Councilor Long, seconded by Councilor
DiGiando to approve the blocking off of
c) Event application for the 325th Celebration at East Ferry for September 19th & 20th. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
It was moved by Council President Littman, seconded by Councilor Long to approve the Event Application for the 325th Celebration at East Ferry for September 19 and September 20. So unanimously voted.
d) Peddler License Application for the 325th
Celebration to sell commemorative coin/key chains and programs on September 19th
& 20th at
It was moved by Council President Littman, seconded by
Councilor Long to approve the Peddler License for the 325th
Celebration to sell commemorative coin/key chains and programs on September 19
and September 20 at the
2)
Quonset Point/Davisville Management Corporation (cont.
from
a) Duties
b) Advertisement for position
Representative Long stated that the Articles of Incorporation are vague and they do not specify duties.
Councilor Settipane suggested that the advertisement state
that the person
appointed would be involved in arrangements for the management of
the
It was the consensus of the Council that the Town Clerk would advertise for the position and schedule interviews for applicants.
3)
Water Restrictions (cont. from
a) Drought restrictions/advisories on private well users
b) Define needs
It was the consensus of the Council to refer consideration of drought restrictions/advisories on private well users to the Conservation Commission and to the Water Resources Protection Committee.
COMMUNICATIONS
None
NEW BUSINESS
1) One Day Entertainment License at
a)
Darcy Lauzier to hold a
private birthday party at the Ft. Getty Pavilion from
It was
moved by Councilor DiGiando, seconded by Councilor Littman to approve the One
Day Entertainment License at
2) Victualing License Application:
a)
Jian Sheng
Ni to sell food at the
It was
moved by Councilor Settipane, seconded by Councilor Long to approve the
Victualing License for Jian Sheng
Ni to sell food at the
3) Sunday Sales License
a) Ocean
Essence Spa located at
It was moved by Councilor DiGiando, seconded by Council President Littman to approve the Sunday Sales License for Ocean Essence Spa; subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
PUBLIC HEARING
Council President Littman opened the hearing for the Proposed Harbor Management Ordinance and Proposed Jamestown Harbor Management Plan to set the date for the hearing to be continued.
It was
moved by Council President Littman, seconded by Councilor Long to continue the
public hearing on the Proposed Harbor Management Ordinance at
There being
no further business before the Council, it was moved by Councilor Long,
seconded by Council President Littman to adjourn the meeting at
Attest:
Arlene D. Petit
Town Clerk
C: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation