TOWN COUNCIL MEETING
(as amended on
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
Arlene D. Petit, Town Clerk
Lisa Bryer, Town Planner arrived at
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
President Littman commended the 325th Anniversary Committee members and Town employees for a successful 325th Anniversary celebration.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
It was requested that items 3 (a), (b) and 4 (a) be removed from the Consent Agenda. It was moved by Council President Littman seconded by Councilor Long to approve the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of the following:
1) Adoption of Council minutes:
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
Conservation Commission (
Library Board of Trustees (
4) Proclamations & Resolutions from other cities/towns:
5) Press Release re: Quonset/Davisville Management Corp
6) Abatements/Addenda of Taxes
3) Minutes from Boards, Commissions and Committees:
Councilor DiGiando asked for additional information
regarding the statement in the minutes of the Board of Director’s Meeting for
the Jamestown Housing Authority regarding
Councilor Settipane referred to the Jamestown Affordable Housing
Committee minutes referencing a Strategic Affordable Housing Plan. Councilor Settipane announced that the Town
Planner is seeking a grant to assist the Town in preparing a plan to meet the
State’s goal of 10% goal for affordable housing. Presently,
Additionally, Councilor Settipane requested support for a lobbying effort to change the State law relating to Towns and Cities Low and Moderate Income Housing. The law in effect allows large housing development by the developer committing 10% of the housing to affordable housing. Under the new fast track law developers are able to bypass some zoning requirements.
Councilor Settipane stated that of major concern to
Councilor Settipane requested that Representative Long provide the Council with the two Bills presented to the General Assembly regarding Low and Moderate Income Housing. Representative Long noted that the two Bills previously considered by the General Assembly did not pass.
Review of the Bills submitted to the General Assembly and
possible lobbying efforts will be continued to the Council meeting on
4) Proclamations & Resolutions from other cities/towns:
a) Town of
Councilor Settipane noted that there is a discrepancy in the definition of a veteran. Representative Long stated that he has requested a clarification from the State Legal Department and will forward it to the Council when he receives clarification.
It was the consensus of the Council to continue the
resolution from the Town of
It was moved by Councilor Settipane, seconded by Council President Littman to adopt items 3 (a), (b) and 4 (a). So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
1) Proposed Zoning Ordinance Amendment related to off-street parking requirements in the village business district (duly advertised in the Jamestown Press)
It was moved by Councilor Settipane, seconded by Council President Littman to open the hearing on the proposed Zoning Ordinance amendment related to off-street parking requirements in the village business district at . So unanimously voted.
Council President Littman informed the audience that the
purpose of tonight’s hearing is to extend the sunset clause on the proposed amendment
extending the ordinance until
Council President Littman called for public comment on the proposed amendment. There being no public comment, it was moved by Councilor Settipane, seconded by Councilor Long to close the public hearing at . So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor Long to adopt the proposed Zoning Ordinance Amendment related to off-street parking requirements in the village business district. So unanimously voted.
1) Scheduled request to address
a) Robert Ballou, Chief of Staff, RIDEM re: return of fish-processing vessel M/V Dauriya
Robert Ballou, Chief of Staff at RIDEM, informed the Council that RIDEM is strongly recommending the placement of the fish-processing vessel M/V Dauriya in the same area of East Passage as last season. Mr. Ballou stated that based upon the availability of fish, it is expected that the M/V Dauriya will be based in the East Passage from November 1, 2003 through May 1, 2004.
Council President Littman inquired what restrictions RIDEM would be putting into effect.
Mr. Ballou stated that the restrictions from last year have been lifted; however if there are any complaints or problems they may be reinstated.
This year the permit will be written limiting the anchorage
William Quinby, representative of Mayflower International Ltd., thanked the Council for their consideration.
Following a lengthy discussion regarding the Councils’
desire to support the local fishing community and because there were no
complaints from residents, it was the consensus of the Council to allow the
fish-processing vessel, M/V Dauriya to anchor in the East Passage from
2) Non-scheduled request to address
Representative Long indicated that if the market place warrants, it could be a possibility in the future. Additional fish-processing vessels would be authorized through the Governor’s Office.
Jill Anderson West Reach Drive, informed the Council that a
modular home being installed on
It was the consensus of the Council that the Town Sergeant would immediately investigate this matter through the Police Department and return with a report for the Council.
Upon further discussion, it was the consensus of the Council that the Town Administrator should be made aware of this situation.
The Town Solicitor informed the Council that to protect the safety of the community, a police detail could be charged to the contractor.
Maryanne Joyce expressed concern that the Police Department did not respond.
Representative Bruce Long reported on the following issues:
Cedar Lane Properties
The State has parties interested in purchasing property on
Port Security Grant
The application has been submitted and the review process is being completed. It is expected that we will receive notice by October.
Councilor Settipane stated that Water and Sewer has been established as an enterprise account operated by the Town, with user groups paying for the use of the water. Presently, the Council does not know what those costs are from general Town services – non-user groups and user groups. It would be a policy decision how to handle this; however, before any decisions can be made, those costs must be identified.
Council President Littman noted that there has been a policy established to track the major water and sewer projects that Department of Public Works is involved in and segregate those costs. The discussion now is whether we should be segregating all costs or should we leave it the way it is.
Councilor Long said that the Council will be looking at whether the procedure is cost effective to the community.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administrator’s report (attached)
Town Administrator's Report
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.
Great news we escaped the wrath of Hurricane Isabel.
Early last week the Town's Emergency Management Team held a
routine preparedness meeting to discuss the threat of hurricane Isabel. The
team is made up of senior staff members who already had made initial plans and
taken necessary steps to prepare
I am finalizing the agenda for a workshop for Department Heads and Town Council. I intend to hold this workshop at Alton Jones sometime during the month of October. The following dates are available October 20, 21, 27, 28, and 29. I would like to select two possible dates so I can coordinate with Department Heads and reserve a meeting room at Alton Jones.
School Committee Chairwoman Cathy Kaiser asked that I
participate along with School Superintendent Sipala, and Council Liaison Guy
Settipane in a planning summit on education involving State officials, school
and municipal officials in
Town Clerk Arlene Petit recently hired Todd Beran as the new part‑time clerk. Todd will be dedicating most of his time to Probate Court as well as assisting updating boards, commissions, and committees.
Town Planner Lisa Bryer returned to work on
Wastewater Management Plan
Councilor Settipane inquired about the
guaranteed low interest funding for residents requiring system repairs or
replacements. The inspections are
underway; however, the Wastewater Management Plan has not been completely approved
by RIDEM. The low interest funding (Clean
Water Financing) is tied into the approval of RIDEM. Although there is some 3% funding available
for low to moderate-income residents, some residents would not qualify for that
funding. Councilor Settipane requested
that an update be given to the Council at the next Council meeting on
Councilor DiGiando requested a report from Justin Jobin on the progress of the project as well as the funds that have been set aside for the project.
It was the consensus of the Council
that they receive a report from Mr. Jobin at the next Council meeting on
2) Tree Preservation and Protection Committee
a) Letter from Chair re: proposed amendments to the Tree Preservation and Protection Ordinance
The Council discussed the recommendations from the Jamestown Tree Preservation and Protection Committee regarding amendments to the Tree Ordinance.
(f) Hazard Control
There was concern expressed regarding the Town taking action as suggested in the amendment (…and if such action is not timely taken by the property owner to enter onto the property and perform such remediation as necessary.) This could possibly expose the Town to liability. There was also concern expressed regarding the reimbursement to the Town for costs associated with the removal with a hazardous tree on private property.
The Town Solicitor explained that when defining public hazard relating to amendment #1, a tree would have to be located on private property but would have the potential to fall into public property causing damage or harm.
It was the consensus of the Council that the word public hazard should be defined. Additionally, the Town Solicitor was asked to review Amendment #1 for clarification.
It was the consensus of the Council
to put this on the Council Agenda for
Councilor DiGiando stated that the 14’ is a minimum standard of clearance in order to provide safety to vehicles.
The Town Solicitor informed the Council that putting this provision in the ordinance, requiring a landowner to trim trees over a highway, would not excuse the Town from liability in the event that it wasn’t done. The Town has the obligation to keep the highways safe for the passage of vehicles.
3) Harbor Management Commission
a) Letter from Harrison M. Wright re: resignation from Committee
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter of resignation from Harrison M. Wright. So unanimously voted.
Council President Littman requested that the Clerk send a letter thanking him for his work on the Harbor Management Commission and his work towards the Jamestown Harbor Ordinance.
4) Town Clerk's Office
a) Memorandum from the Town Clerk re: Alcoholic Beverage License Fees – proposed increase
Following a discussion on the State’s
increase in the fees related to Alcoholic Beverage Licensing, it was the
consensus of the Council to request public comment on
The Town Solicitor advised that any
change to the fee schedule could be made at the
5) Planning Commission
a) Proposed Zoning Ordinance Amendment related to Low and Moderate Income Housing
The Town Planner stated that it was
the intent of the Planning Commission to develop a process for reviewing Low
and Moderate-Income Housing projects.
Following Council discussion and
finding the proposed amendment in order, it was moved by Council President
Littman, seconded by Councilor DiGiando to schedule the proposed Zoning
Amendment related to Low and Moderate Income Housing for hearing with proper
1) Wastewater Management Plan (continued
from Board of Water & Sewer meeting
2) DEM Freshwater Wetlands Program
application of Andrea Colognese and Doriana Carella of
a) Letter to the Town Administrator from the Building Official
Christopher Powell, Conservation Commission Chair informed
the Council that C
Vommission members have visited the site
and will discuss the property further at their next meeting. Additionally, Mr. Powell reported that the
site plan as presented by the applicant appears to be accurate. The drainage issue is a major concern and the
Conservation Commission would like to see a conservation easement addressing
issues related to drainage and the protection of any adverse impact on
The Council discussed the process as outlined in the Zoning Ordinance, Article 3, Section 308 as it relates to setbacks from freshwater wetlands.
The Town Solicitor stated that the Council could share any concerns that they may have with RIDEM; however, he would not advise them to disapprove of it at this time.
It was the consensus of the Council to respond to the notice from RIDEM regarding Plat 16, Lot 351, expressing concerns relating to drainage and the downstream impact and disturbance that this might have on the outside area.
3) Planning Commission copy of letter to
the Tree Preservation and Protection Committee re: Amendments to the Tree
Preservation & Protection Ordinance
a) Order advertising and set hearing date
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from the Tree Preservation and Protection Committee regarding amendments to the Tree Preservation & Protection Ordinance. So unanimously voted.
4) Public Access & Maintenance of
Rights-of-Way (cont. from
It was the consensus of the Council that the Town Solicitor forward recommendations to the Council regarding public access and maintenance of rights-of-way.
The Town Solicitor stated that prior
to making any recommendations, he would meet with the Police Chief, Town
Planner and the Town Administrator. It
is expected that Mr. Parks will have a recommendation to the Council by the
5) Harbor Management Comprehensive Plan and Harbor Management Ordinance
a) Letter from Town Solicitor
The Council discussed the letter
submitted by the Town Solicitor regarding jurisdiction as it relates to the
Harbor Management Comprehensive Plan and Harbor Management Ordinance. Mr. Parks stated that Section 46-4-6.9
authorizes the Town to regulate “the public waters within the confines of the
Town”. Mr. Parks further stated that it
is reasonable to assume that the Town’s jurisdiction on the east side of the
island extends one half of the way to
Councilor DiGiando noted that it was his understanding that although the Town has jurisdiction, that does not mean that moorings can be installed in that area.
The Town Solicitor stated that Councilor DiGiando was correct in his understanding; however, it does not prohibit the Harbormaster from enforcing the law in those areas.
Councilor DiGiando asked for clarification on the waters in Mackerel Cove.
The Town Solicitor indicated that all
of the water at Mackerel Cove is within the Town’s confines because it is in a
cove within two parts of the Town. In
reference to jet skis or other recreational activities, the Town Solicitor
noted that the Town should take as much jurisdiction that it must take to
protect the health and safety of the citizens of
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from the Town Solicitor. So unanimously voted.
b) Letter from Harrison Wright re: corrections
It was moved by Councilor Long, seconded by Council President Littman to accept the corrections to the Comprehensive Harbor Management Plan and Harbor Management Ordinance from Harrison Wright. So unanimously voted.
1) Letter from Nancy L. Mason re: Great Creek
It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from Nancy L. Mason. So unanimously voted.
2) Letter from the
It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the President of the Jamestown Shores Association. So unanimously voted.
Councilor DiGiando noted that he attended the Planning
Commission meeting when the
Council President Littman recommended that the Town Solicitor be contacted if there is any clarification needed regarding the implementation of the Ordinance.
The Town Solicitor noted that the
3) Letter from US Representative Kennedy re: Domestic Security Enhancement Act
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from US Representative Kennedy. So unanimously voted.
1) One Day Entertainment License:
a) Jamestown Rotary Club to sell T-shirts at the Community Center on October 13th. If favorable grant request and waive $5.00 fee subject to the resolution of debts, taxes and appropriate signatures.
moved by Councilor Settipane, seconded by Councilor Long to grant the One Day
Entertainment License to the Jamestown Rotary Club on
2) Event Application:
a) Jamestown Rotary Club to hold the 28th annual Jamestown Classic Bike Race on October 13th island wide. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
It was moved by Councilor Settipane, seconded by Council President Littman to approve the 28th Annual Jamestown Classic Bike Race on October 13, 2003; subject to the approval of the route and traffic control by the Chief of Police and Town Administrator and subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
3) Victualing/Mobile Unit License Application
a) Allied Domecq QSR dba: Baskin Robbins/Dunkin Donuts is applying to open a ice cream, coffee shop and deli at 3 Ferry Wharf (former Spinnaker’s). If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
to Council concerns, Daniel Connelly, applicant, informed the Council that the
donuts would be delivered in a small minivan rather than a large delivery
truck. Additionally, signage is being
discussed with the condominium association and will fit in with what is
expected and required in
discussed the location of the mobile unit.
The applicant insured the Council that the mobile unit would only be
used at the place of business on
It was moved by Councilor Settipane, seconded by Councilor Long to grant the Victualing/ Mobile Unit License for Allied Domencq QSR d/b/a Baskin Robbins/Dunkin Donuts at 3 Ferry Wharf; with the understanding that the mobile unit will be used on site and subject to the hours of operation as indicated on the application and subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
4) Sunday Sales License
Domecq QSR. dba: Baskin Robbins/Dunkin Donuts is applying to open an ice cream,
coffee shop and deli at 3
It was moved by Councilor Settipane, seconded by Councilor Long to approve the Sunday Sales License for Allied Domecq QSR. d/b/a Baskin Robbins/Dunkin Donuts; subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
5) RI Foundation re: Affordable Housing Strategic Plan (site visit)
a) Council President or Representative to be in attendance
b) Date selection:
Long volunteered to attend the Rhode Island Foundation Affordable Housing
Strategic Plan site visit on
OPEN FORUM CONTINUED (if necessary)
Sergeant, Fred Pease reported that the Police Department and the Fire
Department were aware of the situation at the
Thompson, Hull Cove stated that
There being no further business before the Council, it was moved by Councilor Settipane, seconded by Council President Littman to adjourn the meeting at . So unanimously voted.
Arlene D. Petit
C: Town Council Members (5)