***** UNAPPROVED MINUTES *****

 

TOWN COUNCIL MEETING

October 14, 2003

(as amended on October 27, 2003)

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:09 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

J. William W. Harsch, Town Solicitor

Arlene D. Petit, Town Clerk

Representative Bruce J. Long

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

 

Council President Littman announced that the presentation by GZA GeoEnvironmental would be made following Alcoholic Beverage Licensing Commission issues.

 

1)         GZA GeoEnvironmental presentation re: test well (cont. from 07/28/2003)

 

Ed Summerly, Associate Principal and Anthony Gomez Assistant Project Manager at GeoEnvironmental, Inc. presented results of the June 2003 post-closure sampling round conducted at the former Jamestown Landfill located on North Main Road.  (The complete Quarterly Groundwater Monitoring Report June 2003 is on file for public review at the Town Clerk’s Office.) 

 

Mr. Summerly reported that after eighteen months of study, it was determined that there were low levels of chemical contamination, primarily metals and organic compounds.  In general, those levels of contamination were below any concentrations that would be considered to pose a risk to human health or the environment.  However, because of the presence of some of those contaminants, it is subject to a number of State regulations regarding landfill closure.

 

Mr. Summerly noted that the Site Investigation Report (SIR) submitted to the Rhode Island Department of Environmental Management (RIDEM) outlines three potential remedial alternatives.  The preferred alternative consists of the following items: 

  • Re-grade the soil cap over the ten acres to meet the minimum requirement of two feet (there were only a few areas that were below the two feet requirement); slate to be properly pitched and planted with good quality grass to prevent erosion;
  • Control storm water runoff (by creating a storm water retention pond in the western corner of the site that would collect runoff to detain metals prior to discharge into wetlands);
  • Prepare a comprehensive environmental monitoring program which would also include groundwater monitoring (under Federal regulations, the monitoring program must run for thirty years; however, the Town of Jamestown has been conducting monitoring for sixteen years, which would indicate that monitoring would only need to continue for approximately fourteen years); and
  • Place an environmental land use restriction on property (deed restriction would preclude future residential development – limiting use to industrial/commercial development)

 

The abutter notification sent out in September 2003 begins a thirty-day comment period.   Those comments will be submitted from RIDEM to GZA and the Town of Jamestown.    Once Jamestown receives concurrence on the SIR from RIDEM for approval to begin the remedial action process, GZA will provide a 30 percent design of the landfill closure components for review by the Town and submission to RIDEM.   Following acceptance, GZA will submit full plans and specifications for the closure of the property.  

 

Mr. Summerly discussed the additional test well as previously requested by the Council stating that GZA recommends that the well be placed at TP-31 and GZ-32 in the south southwest corner of the property (the drilling of the well is part of the remedial plan).

 

Councilor Settipane inquired if it would be beneficial to retest wells located on property abutting the former landfill (former Vieira farm).  Mr. Summerly indicated that he did not believe it would be necessary to retest that area.  Councilor Settipane requested that Mr. Summerly review the report relating to the testing of the wells located on the former Vieira farm prior to eliminating those wells from testing.  Mr. Summerly stated that unless the former Vieira farm property would be developed with wells being used for potable water, it would not be necessary to conduct further testing.   Approximate cost for testing the wells would be $600.00 to $800.00 per test, depending on the type of wells that were installed.

 

Councilor Settipane asked Mr. Summerly to address the turbidity caused by the high water levels and wet season.

 

Mr. Summerly noted that the number of detections were at very low levels and when they say exceedances they mean they exceed some health based standard, it is not typical that you would see higher concentrations than what we normally see.  This does not seem to be a trend; however, they will continue to analyze..  Mr. Summerly noted that when you have elevated water tables, you are wetting submerged trash.  Some contaminants can become concentrated and some can become diluted.  It is difficult  to say whether a site will be affected seasonally.  At some landfills, with increased rainfall, you will see increased dilution and lower concentration. 

 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

 

1)         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 RENEWAL applications have been received by the Town Council for licenses under said Act, for the year ending December 1, 2004:

 

RENEWAL:

CLASS A (PACKAGE STORE) - RETAIL

Jean Page, Inc.

dba: Page’s Liquors

30 Southwest Avenue

 

Grapes & Gourmets, Inc.

dba: Grapes & Gourmets

9 Ferry Wharf

 

CLASS B – TAVERN

Long Wharf Marina Restaurant, Inc.

dba: The Bay Voyage

150 Conanicus Avenue

 

CLASS B – VICTUALER

Alexander Enterprises, Inc.

dba: Narragansett Café

25 Narragansett Avenue

 

Islandish, Ltd.

dba: Chopmist Charlies

40 Narragansett Avenue

 

Jamestown Oyster Bar, Inc.

dba: Jamestown Oyster Bar

22 Narragansett Avenue

 

New England Golf Course Management, Inc.

dba: Jamestown Golf and Country Club

aka: the Caddy Shack

245 Conanicus Avenue (lower level rear)

 

SeaDish, Ltd.

dba: Tricia’s Tropi-Grille

14 Narragansett Avenue

 

Trattoria Simpatico, Inc.

dba: Trattoria Simpatico

13 Narragansett Avenue

 

Portuguese American Citizen’s Club

dba: Portuguese American Citizen’s Club

11 Pemberton Avenue

 

CLASS D FULL  (CLUB)

Conanicut Yacht Club

40 Bay View Drive

 

CLASS B-VICTUALER WITH CHANGE IN PREMISES

Slice of Heaven, Inc

dba: Slice of Heaven

32 Narragansett Avenue

 

The above applications will be in order for hearing at a meeting of said Licensing Board on MONDAY, NOVEMBER 10, 2003 at 7 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.

 

It was moved by Councilor Settipane, seconded by Council President Littman to advertise the renewal of liquor licenses as presented on the agenda for hearing to be held on November 10, 2003 at 7:00 PM at the Jamestown Library, at which time and place all remonstrants may make their objections against granting these licenses.  So unanimously voted.

 

2)                  Alcoholic Beverage License Limits for 2003-2004 – Motion to set limits

 

It was moved by Councilor Settipane, seconded by Council President Littman to set the Alcoholic Beverage License Limits for 2003-2004 as follows: 

Class A            2

Class BV          8

Class BT          1

Class D            2

So unanimously voted.

 

3)                  2003-2004 Alcoholic Beverage License Establishment list with additional licenses held

4)                  Copy of notification letters to liquor license establishments

5)                  Alcoholic Beverage License fee increase

a)                  Establish and set fee schedule

 

Prior to Council discussion, the Town Clerk distributed a chart indicating the fee schedule charged by other municipalities.  Upon questioning, the Clerk noted that the Town of Jamestown has not had an increase in liquor license fees for over ten years. 

 

In considering a fee increase, the Council discussed the extra burden put on businesses to come into compliance with the State Fire Code, as well as the increased revenue the Town would be receiving from the State Meal Tax. 

 

Council President Littman invited comments from the audience.

 

The following individuals spoke against an increase in licensing fees:

 

Michael Swistak, representing the Chamber of Commerce

Charles Masso, Chopmist Charlies and Tricia’s Tropi-Grille

Steven Liebhauser, Slice of Heaven

William Munger, Cole Street

Jill Anderson, West Reach

 

The Council took no action on establishing a new fee schedule for Alcoholic Beverage Licensing fees.

Charles Masso informed the Council that he is considering closing Tricia’s Tropi-Grille for several months this winter and inquired if he would be allowed to do so.

 

The Town Solicitor stated that he would provide the Council with information relating to the temporary closing of a liquor establishment.  However, Mr. Harsch advised that Mr. Masso should refer this question to his own attorney. 

 

CONSENT AGENDA

 

It was requested that items # 1 (a), 2, 6 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:

a)                   

2)                   

3)         Minutes from Boards, Commissions and Committees:

                        a)         Tree Preservation and Protection Committee (07/22/2003)

b)                  Zoning Board of Review (08/26/2003)

c)                  Town Buildings and Facilities Committee (06/11/2003, 07/09/2003, 08/13/2003)

d)                  Planning Commission (07/16/2003, 08/06/2003, 09/03/2003, 09/17/2003)

e)                  Harbor Management Commission (09/10/2003)

4)         CRMC Notices:

a)         Cease & Desist Order to Barbara and Mike Infantolino, 1141 N. Main Rd. re: nonconformance with CRMC assent 2001-01-050, stipulations F, G, J, & K within 200 feet of a coastal feature at property located at Plat 3 Lot 485; said location.

b)         Notice to Jean-Guy E. & Donna M. Schilling, PO Box 77 re: assent to construct a residential boating facility located at Plat 4 Lot 123; 376 E. Shore Rd.

5)         International Brotherhood of Police Officers Jamestown Local 305 notice of grievance

6)                   

7)                   

8)                  Zoning Board of Review abutters notice to the Town of Jamestown re: application of Barbara Lundy, whose property is located at 36-38 Southwest Avenue and further identified as Tax Assessor’s Plat 9 Lot 23, for a Special Use Permit for a mixed use from Article 3, Table 3-1, I. residential no. 10, a Special Use Permit from Article3, Table 3-1 VII – B Personal Services, to construct two one bedroom apartments and a health club in the same building, for a Variance from Article 3, Table 3-2 District Dimensional Regulations, to construct a building which will be 22’6” from both northerly and southerly side lot lines, instead of the required 30’, a variance from Article12, Section 1202 to allow parking at the front of the building, a variance from Article 12, Section 1206 from the loading zone requirement.  Said property is located in a CL zone and contains 20,635 sq. ft.

9)                  Abatements/Addenda of Taxes

*********************************************

 

1)         Adoption of Council minutes:

a)                  09/22/2003 Regular Minutes

 

The Town Clerk was requested to correct the minutes as follows: 

Page 3 – second paragraph

Add clarification to  .extend the sunset clause on the proposed amendment extending the ….

 

Page 5 – name correction

            Valerie Moy should be Valerie Malloy

 

Page 7 – correct typographical error

            Vommission should be Commission

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept the minutes as amended.  So unanimously voted.

 

2)         Bills and Payroll

 

The Town Administrator noted that the payment to the Interlocal Trust was the total payment for the fiscal year.

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept Bills and Payroll as presented.  So unanimously voted.

 

6)         Working Together to Protect Our Drinking Water at the Source, New England Regional Conference October 17th & 18th 9 AM – 4 PM Worcester, MA

 

Councilor Settipane inquired if anyone from the Town would be attending the conference on October 17 and 18, 2003.  The Town Administrator noted that she was not presently aware of anyone attending.

 

It was moved by Councilor Settipane, seconded by Council President Littman to accept the notice from New England Regional Conference.  So unanimously voted.

 

7)         Letter from Craig Watson, Jamestown Emergency Manager re: volunteers for the operation of public shelters

 

The Town Administrator stated that this is a volunteer effort on behalf of Seniors Helping Others.  Several communities are involved in this volunteer effort.  It is expected that there will be a report on the progress of the project to be forwarded to the Council. 

 

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

 

EXECUTIVE SESSION ANNOUNCEMENT

 

Council President Littman announced that there would be an executive session later in the evening, pursuant to RIGL 42-46-5 (a) (5) real estate.

 

1)         Pursuant to RIGL 42-46-5 (a) (5) Real Estate (Land Acquisition)

 

PUBLIC HEARINGS

 

1)         Proposed Harbor Management Ordinance and Proposed Jamestown Harbor Management Plan (cont. from 10/09/2003)

 

Council President Littman opened the continuation of the public hearing on the proposed Harbor Management Ordinance and the proposed Comprehensive Harbor Management Plan at 8:35 PM. 

 

Upon the confirmation of available dates, it was moved by Council President Littman, seconded by Councilor DiGiando to continue the hearing to Thursday, November 6, 2003 at 7:00 PM at the Jamestown Philomenian Library.  So unanimously voted.

 

OPEN FORUM

 

1)                  Scheduled request to address

 

None

 

2)                  Non-scheduled request to address

 

Jill Anderson, Personnel Board member, reported that the Friends of the Jamestown Library will be holding a community volunteer fair on October 30, 2003 to educate the public on the many volunteer opportunities throughout the community.   

 

Representative Bruce Long gave a verbal update to the Council regarding the following issues:

 

  • Crime Watch Prevention grants are available through the State.  There are two workshops on next Tuesday and Wednesday
  • Port Security Grant (for the purchase of the Fire/Rescue boat) decision should be made in the very near future
  • Discussions are being held with the State regarding the availability of the Cedar Lane properties

 

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

 

1)                  Town Administrator’s report (attached)

 

-----------------------------------------

 

Town Administrator's Report

October 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.

 

I have commenced the 2004/05, sixteen‑month budget process. I have met with all department heads to discuss the potential impact of this upcoming budgeting cycle. Finance Director Tina Collins has had discussions with Blue Cross/Blue Shield, requesting they provide the Town with a sixteen‑month rate, instead of a twelve‑month/ four‑month additional rate, which likely would be higher. She has also spoken to a number of vendors the Town has maintenance contracts with. Our current software vendor, with whom we have four software maintenance contracts, has agreed not to charge us for the additional months. Tina is attempting to get other vendors to agree to a similar arrangement.

 

I anticipate receiving all Department Head proposed budgets by November 1, 2003. 1 will present my proposed budget to the Town Council around December 1, 2003.

 

I attended a planning summit on education with School Committee Chairwoman Cathy Kaiser, School Superintendent Sipala, and Council Liaison Guy Settipane, hosted by the Portsmouth School Committee. A number of school and town officials from southern RI communities were in attendance.

 

Gary Sasse, Executive Director of RIPEC and Peter Marino, Director of Policy were in attendance to discuss the recently released RIPEC report entitled "Education Results in Rhode Island". Mr. Marino also presented funding methods for education that other states are currently using. He went into detail regarding one funding method referred to as Foundation Support. I have a number of unanswered questions regarding it and the potential impact to Jamestown. Future meetings will be held and I will be attending them.

 

The fact that local communities and school officials are meeting together by geographic regions is a major step in addressing the significant costs associated with education. I will forward to the council copies of RIPEC's education report.

 

Unfortunately there is an error in the report regarding the number of students within the Jamestown School System. The report did not include our North Kingstown High School students when they were calculating such items as cost per pupil, etc. Once this error has been corrected, the costs will change upward significantly.

 

I am finalizing an agenda for a workshop for Department Heads and the Town Council. I intend to hold this workshop at Alton Jones during the month of October, likely the 28th, which is an open date.

 

The lease with UK Sailmakers, at the Country Club expires at the end of this month. In April 2003, the lease was extended for an additional eighteen months. At that time Matt Bolles submitted a proposal that would have generated the same amount of annual rent as UK Sailmakers, while providing additional recreation programs for the Town. Matt still has a significant demand for additional space during the winter months and has programs ready to begin November 1st. Since the Recreation Department will generate the same amount of income the current leaseholder is generating, and the Recreation Department cannot meet the demand for space, I will authorize Matt to use the area currently leased by UK Sailmakers. The Recreation Department has for a number of years used a small area of the building for certain programs. In order not to interfere with the golfing season, all children's programs and other high traffic programs will be conducted before the height of the golf season.

 

The Town's 325th celebration was a great success. All those who volunteered their time to make the community wide event such a success should be commended.

 

For your information I have attached an agreement between the Town and the Jamestown Historical Society. The agreement outlines the current relationship between the Town and the Historical Society that has worked out well. In recent years Lisa Bryer has served as my liaison to the committee. Her knowledge and background has been extremely helpful to both the Town and Historical Society. Unless I hear differently from you, I plan to sign this agreement on behalf of the Town.

 

Approximately two weeks ago, Justin Jobin, the Town's Wastewater Management Consultant submitted his resignation. During his short tenure, he developed and implemented the Town's program, I am very pleased with his work and disappointed to see him leave.

 

------------------------------------------------------

 

Additional information:

 

Council Work Session with Administration

 

The Town Administrator reported that it is expected that the work session will be held in early November.

 

Senator Jack Reed

 

The Town Administrator reported that she met with Senator Jack Reed to discuss grant opportunities for the Town and other general issues. 

 

Budget

 

The Town Administrator reported that she has been in communication with the School Superintendent regarding the preparation of a sixteen-month budget.  The School Budget and the Town Budget will be presented for sixteen months; however, a breakdown of the sixteen-month budget cycle will be available for the Council’s review. 

 

Councilor Settipane stated that he would need a breakdown to assist in the review of the budget. 

 

Councilor Settipane requested that the letter from the Office of the Auditor General, listed under Communications, be moved up on the agenda.

 

Communications

 

3)         Letter from the Auditor General to the Deputy Finance Director re: budget process for upcoming fiscal year

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the Auditor General to the Deputy Finance Director regarding the budget process for the upcoming fiscal year.  So unanimously voted.

 

Councilor Settipane inquired if there has been any communication with Mr. Almonte as to how he perceives the Town handling a sixteen-month budget and how it will be broken out so that the twelve-month portion of the budget will stay within the 5.5% cap. 

 

The Town Administrator informed the Council that she has had communication with the State relating to the sixteen-month budget.  Additionally, the Town Administrator reported that the Council submitted legislation to the General Assembly for permission to exceed the 5.5% cap.  This was done in anticipation of the sixteen-month budget cycle.

 

Councilor Settipane stated that it must still be broken out so that the annual budget does not exceed the 5.5% cap.  Councilor Settipane requested that the Town have a formula to present to the auditors so we can have that comparison. 

 

The Town Administrator pointed out that the Recreation Department will have two full years of “beginning seasonal start-up costs” relating to Mackerel Cove and Fort Getty in this sixteen-month budget cycle.

 

It was the consensus of the Council that the Town Administrator communicate with the Auditor General in writing regarding the sixteen-month budget cycle for the Town of Jamestown.

 

It was the consensus of the Council that the Town Administrator and the School Superintendent have additional information relating to the breakdown for the sixteen-month budget available for the Council to review when considering the budget.

 

Country Club – Rental of Upper Level

 

The Town Administrator informed the Council that the present unit generates $1,000.00 of revenue per month.  It is expected that the Recreational Department would generate the same amount or more.  Additionally, it was reported that the use of the upper level would allow for expanded recreation programs.

 

The Council discussed the possible need for renovations of the upper level space in order for it to be suitable for the Recreation Department. 

 

In considering the use of the upper level unit, Councilor Long requested that the cost per square foot of business rental space be calculated for the Council’s review. 

 

Cost Sharing

 

Councilor Settipane requested additional information such as equipment rental and employee hours regarding the $5,000.00 charge-back relating to work done on Beavertail Road by the Department of Public Works for the Water Department. 

 

Council President Littman noted that this issue would be further discussed under Unfinished Business.

 

Jamestown Historical Society/Conanicut Battery

 

It was moved by Council President Littman, seconded by Councilor Settipane to approve the agreement between the Town and the Jamestown Historical Society for the management of the Conanicut Battery for the next two years.  This agreement will expire on September 30, 2005, in accordance with the September 2, 2003 letter from the Jamestown Historical Society.  So unanimously voted.

 

2)                  Town Clerk's Office

a)         Memorandum from the Town Clerk re: Harbor Management Commission

 

It was the consensus of the Council that when the proposed ordinance is enacted the Council will take further action regarding the makeup of the Harbor Management Commission.  The Town Solicitor noted that presently a quorum for the Jamestown Harbor Management Commission is four. 

 

3)                  Harbor Management Commission

a)         Letter from Richard D. Condon re: membership

 

No action taken.

 

Council President Littman announced a five-minute break at 9:30 PM.

 

The Council returned at 9:35 PM.

 

UNFINISHED BUSINESS

 

1)         Town Budget/Finance (cont. from Board of Water and Sewer meeting 09/15/2003)

a)         Cost Sharing

 

In referencing the memorandum from the Town Administrator, Councilor Settipane stated that he would like additional information for tracking purposes and to review this information in the event that a policy change is to be considered.   Specifically, Councilor Settipane requested a breakdown of costs associated with those charge-backs, such as employee costs and equipment rental.   

 

Councilor DiGiando inquired if items such as the rent paid to the Water Department for utilization of the Southwest Avenue facility and costs of storage of equipment and supplies would be taken into account.  Additionally, Councilor DiGiando asked if the costs relating to work done for Harbor and Recreation would be taken into consideration when looking at charge-backs.

 

The Town Administrator requested clarification on the specific costs the Council would like to review.  Further stating that she would recommend looking at all Enterprise Funds.

 

The Council discussed the three Enterprise Funds (Harbor, Water and School) to determine if it was necessary to request information pertaining to each fund.

 

Councilor Settipane indicated that it is necessary to know the actual cost of the water system and its maintenance and not a false cost number.  Proper accounting and proper auditing will show what those costs are and assist the Town in future planning.

 

Councilor Long encouraged the review of all Enterprise Accounts in order to give a true value for cost of services in the Town and suggested that the Town Administrator be given ample time to prepare such a document. 

 

The Town Administrator stated that she would address the staffing needs to implement this project and recommended that tracking begin at the start of the Town’s fiscal year. 

 

It was the consensus of the Council that the Town Administrator provides the Council with a plan of action for this project at the November 10, 2003 Council meeting.  At that time, if additional time is needed, it can be granted.

 

Councilor DiGiando suggested that the Town Administrator budget expenses for this project.

 

2)         Tree Preservation and Protection Committee re: further review of proposed amendments to the Tree Preservation & Protection Ordinance (cont. from 09/22/2003)

 

The Town Solicitor informed the Council that the proposed amendments to the Tree Preservation & Protection Ordinance are extremely problematic.   Additionally, The Town Solicitor stated that the Town’s responsibility cannot be delegated as proposed.  Furthermore, there are many State roads that the Town cannot regulate.  Mr. Harsch recommended that in order to reduce the Town’s exposure to liability, the clearance height on the public roads should be maintained by the Town. 

 

Mr. Harsch stated that the entering on private property by Town staff for the removal of trees, other than for an eminent hazard to the public health and safety, should only be done effectively through a court order.   The Town could give the property owner notice about any concerns regarding trees; however, the Town cannot require the property owner to take action or mandate that Town staff can go on private property to remove trees. 

 

It was the consensus of the Council that the Town Solicitor discuss the proposed changes with the Chairperson of the Tree Committee and report back to the Council at their October 27, 2003 Town Council meeting.

 

3)         Harbor Management Commission (cont. from 09/22/2003)

a)         Letter of resignation from David Pritchard

 

It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter of resignation from David Pritchard and requested that the Clerk send a letter of appreciation for his years of service to the Town.   So unanimously voted.

 

4)                  Wastewater Management Plan (cont. from 09/22/2003)

a)                  Update on progress of inspections

 

The Town Administrator informed the Council that the Wastewater Management Plan has been approved by the State.  The Town is moving forward with application to Clean Water Financing.

 

b)                  Financing of repairs and low interest loans

 

5)                  Jamestown Housing Authority Minutes from 07/14/2003 (cont. from 09/22/20003)

a)         Clarification re: Pemberton Place

 

No action taken

 

6)                  Low and Moderate Income Housing (cont. from 09/22/2003)

a)         Bills presented to the General Assembly in 2003

i)                    House Bill H 6492

ii)         Senate Bill S 0300 (submitted as amended)

 

Representative Bruce Long informed the Council that the General Assembly is preparing new legislation enabling cities and towns to better direct low and moderate income housing in the future.  Additionally Representative Long reported that the Town of Cumberland has recently developed a housing plan, which was approved by the State Planning Council. 

 

The Town Solicitor noted that there is a lawsuit pending in Superior Court seeking relief from the Low and Moderate Income Housing statute.  Several communities have joined this suit.  Representative Long indicated that it is expected that the General Assembly will pass legislation relating to this issue in January of 2004. 

 

Councilor Settipane inquired if the proposed changes to the Comprehensive Plan, submitted by the Planning Commission, would be coming before the Town Council for their adoption prior to it being sent to the State. 

 

Councilor DiGiando reported that the State has forwarded their concerns regarding several elements of the Comprehensive Plan to the Planning Commission.  The Planning Commission will address those concerns, present their proposals for public hearing and for the Council’s review and adoption. 

 

7)                  Town of Middletown re: Resolution providing tax relief to qualifying veterans (cont. from 09/22/2003)

a)         Definition of a veteran provided by Town Solicitor

b)         Letter from Rep. Bruce Long re: recommended action on proposed legislation

 

Representative Long informed the Council that he expects legislation to be introduced to mirror the definition excepted by the Veterans of Foreign War.

 

No action taken.

 

COMMUNICATIONS

 

1)         Letter from RIDOT re: Jamestown Bridge Replacement Project Draft Supplemental Environmental Impact Statement Jamestown and North Kingstown, RI

 

It was moved by Councilor Long, seconded by Councilor Settipane to accept the communication from RIDOT.  So unanimously voted.

 

2)         Letter from the United States Coast Guard, US Department of Homeland Security re: unregistered/uncharted private aids to navigation

 

It was moved by Councilor Long, seconded by Council President Littman to accept the letter from the United States Coast Guard.  So unanimously voted.

 

The Town Administrator noted that due to a change in regulations, this may effect the installation of buoys by the Town.

 

3)         Letter from the Auditor General to the Deputy Finance Director re: budget process for upcoming fiscal year

 

Previously addressed

 

NEW BUSINESS

 

1)         Event Applications:

a)         Jamestown Recreation Department to hold the annual Jack O’Lantern Jog on Sunday, October 26th.  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 Event Application for the Jack O’Lantern Jog on Sunday October 26, 2003.  So unanimously voted.

 

b)         2nd Annual Holiday Parade of Dogs to hold a parade from the Fire Station to East Ferry Square on Saturday, December 20th; rain date Sunday, December 21st.  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 2nd Annual Holiday Parade of Dogs to be held on Saturday, December 20, 2003 with a rain date of Sunday, December 21, 2003.  So unanimously voted.

 

            2)         One Day Peddler License Application:

a)         Jamestown Recreation Department to sell water and t-shirts at the Community Center for the annual Jack O’Lantern Jog on Sunday, October 26th.  If favorable grant request and waive $5.00 application fee, subject to the resolution of debts, taxes and appropriate signatures.

 

It was moved by Councilor DiGiando, seconded by Councilor Littman to approve the One Day Peddler License for the annual Jack O’Lantern Jog on Sunday October 26, 2003 and to waive the $5.00 fee.  So unanimously voted.

            3)         Town Council Worksession

a)         Proposed time: 8:30 AM – 3:30 PM; Proposed Place: Alton Jones Campus

 

The Town Administrator stated that she would contact each Council person with a date in November for the work session.

 

b)         Date selection (please select date): Monday, October 20th; Tuesday, October 21st or Thursday, October 30th

 

EXECUTIVE SESSION

 

It was moved by Councilor Long, seconded by Council President Littman to enter into executive session at 10:30 PM, pursuant to RIGL 42-46-5 (a) (5) real estate.  The vote was Council President Littman, aye; Councilor DiGiando, aye; Councilor Long, aye; Councilor Settipane, aye.  The motion passed.

 

The Council returned at 11:00 PM.  It was moved by Councilor Long, seconded by Council President Littman to seal the minutes of the executive session.  It was voted Councilor Long, aye; Councilor DiGiando, aye; Councilor Settipane, aye; Council President Littman, aye.  The motion passed.

 

There being no further business before the Council, it was moved by Councilor Long, seconded by Council President Littman to adjourn the meeting at 11:01 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

C:         Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation