TOWN COUNCIL MEETING
A regular meeting of the
Jamestown Town Council was called to order at the Jamestown Philomenian
Claire M. Ferguson
Julio J. DiGiando
Guy J. Settipane
Council President Littman arrived at
Maryanne Crawford, CPA, Town Administrator
J. William W. Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
Steven J. Goslee, Public Works Director
Lisa Bryer, Town Planner
Representative Bruce J. Long arrived at
1) Pursuant to RIGL 42-46-5 (a) (2) Litigation
It was moved by Vice President Long, seconded by Councilor DiGiando to enter into executive session at 6:06 PM, pursuant to RIGL 42-46-5 (a) (2) to discuss potential litigation. It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Settipane, aye; Vice President Long, aye.
Council President Littman arrived at .
Councilor Settipane rescused himself from the executive session at .
Following the Council’s return to regular session at , it was moved by Vice President Long, seconded by Councilor DiGiando to seal the minutes of the executive session. It was voted Councilor Ferguson, aye; Councilor DiGiando, aye; Councilor Long, aye; Council President Littman; aye; Councilor Settipane recused from the vote.
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Christopher Powell, Division of Fish & Wildlife re: Ft. Wetherill Research Vessel Facility Plan for review and approval
a) Memorandum of Understanding
A presentation was given by Christopher Powell from the Department of Environmental Management, Division of Fish and Wildlife, regarding their request for Council approval to allow RIDEM to undertake the development of a marina plan for the docking of research vessels. Mr. Powell’s presentation included a draft site plan.
Mr. Powell stated that pursuant to the Memorandum of
Understanding between the State of
Mr. Powell noted that the proposed modifications would
enable the Division of Fish and Wildlife to dock their research vessels at
Joseph Medeiros, Fort Wetherill Boat Owners Association representative, stated that the plans indicate that the pilings for the new research vessel are right up against the bulkhead when they are in fact two to three feet away and that the boat is nine or ten feet away from the dock.
Mr. Powell noted that there will be a straight bulkhead with four fender piles and the research boat will be against those piles. The width of the slip is approximately 22’.
Mr. Medeiros stated that he is concerned with the layout of the marina. Additionally, there was a concern with the length of the access ramp.
Mr. Powell indicated that the draft presented to the Council would be reviewed by a marina designer.
Councilor Settipane enquired how this plan would impact the language in the Memorandum of Understanding (Page 2), which states: Except for the wharf rights granted to the TOWN hereunder,( the Division of Fish and Wildlife shall manage and maintain the wharf for its vessels and the boat storage and parking areas as shown on Exhibit A and agrees that it will not extend the wharf into the existing basin north or east of the Premises or undertake any improvement which would reduce the open water in the basin or reduce access to the basin without the prior written approval of the TOWN.) Additionally, Councilor Settipane asked if the boat swings on the southeast corner would encroach on the perimeter and what arrangements have been made for public access.
Mr. Powell stated that the bulkhead is available for public access. Mr. Powell noted that there is approximately 170’ of dockage. Councilor Settipane asked if there could be a portion of that for public access.
Councilor Settipane inquired into the possibility of including language ensuring dockage for the Harbormaster boat. Also, Councilor Settipane suggested permission for the use of the parking area for off hours parking.
It was the consensus of the Council that Mr. Powell provide a drawing to scale for their review.
The Town Administrator suggested that the information be presented on the same scale and class as the present survey for that area.
It was the consensus of the Council that additional
information be provided by Mr. Powell at the next
Council meeting on
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
It was requested that items # 1 (a), 4 (b) be removed from the Consent Agenda. Councilor Settipane abstained from the vote on 4 (b). It was moved by Councilor Settipane 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:
a) Tree Preservation and Protection Committee
Personnel Board (
Conservation Commission (
Water Resources Protection Committee (
Library Board of Trustees (
4) CRMC Notices:
a) Notice of Violation to Jeff Jacober, 23 Acorn St., Providence cutting of vegetation within 200 feet of a coastal feature on property located at Plat 2 Lot 109; 800 E. Shore Rd.
5) Zoning Board of Review abutters notice
to the Town of
a) Application of Starlet O. Snell et, whose property is located at 74 Steamboat St.; Plat 5, Lot 84 for a variance from Article 3, Lot 308 (Setback from Freshwater Wetlands) to construct a bottomless sand filter 72’ from the freshwater wetlands (150’being the requirement) and a variance from Article 3, Table 3-2 (District Dimensional Regulations) to build a garage 10’ from the northerly lot line (20’ being the requirement.) Said property is located in a R40 zone and contains 21,400 sq. ft.
b) Application of Longvue Enterprises LLC, whose property is located at 56 Ocean Ave.; Plat 8, Lot 34 for dimensional variances from Article 3, Section 300 and 302 and Table 3-2 (District Dimensional Regulations) to construct an addition to an existing dwelling, or new dwelling, which will be 14’6” from the front (westerly) lot line, 30’ required and 3’9” from the northerly lot line, 10’ required. Said property is located in a R20 zone and contains 9,250 sq. ft.
Abutter notification from RIDEM re: ISDS Application
#0115-2923; Plat 5,
7) Press Release re: Boards, Commissions and Committees terms
9) Abatements/Addenda of Taxes
1) Adoption of Council minutes:
Councilor Settipane requested that the Town Clerk include additional information provided by Mr. Summerly regarding the impact of the wet season and higher water levels contributing to increased turbidity, which resulted in the findings of some of the VOCs (Volatile Organic Compounds) that hadn’t been located or detected in some of the prior testing.
4) CRMC Notices:
b) Notice to the Settipane Family Trust, Robert J. Settipane, Trustee to construct and maintain approx. 88 linear feet “as built” structural shoreline protection (rip rap revetment) at Plat 16, Lot 11; 301 Seaside Dr.
It was moved by Council President Littman, seconded by Councilor Long to approve 4 (b) on the Consent Agenda. So voted with four in favor and Councilor Settipane recused.
EXECUTIVE SESSION ANNOUNCEMENT
1) Pursuant to RIGL 42-46-5 (a) (2) Litigation
1) Proposed Amendment to the Jamestown
Zoning Ordinance related to Low & Moderate Income Housing (duly advertised
for public hearing in the Jamestown Press on 10/9, 10/16, and
Council President Littman opened the public hearing at . President Littman noted that the proposed amendment adds a new Article , Section 17 Low and Moderate Income Housing to the Jamestown Zoning Ordinance.
The Town Planner stated that this Article takes the State law regarding the Low and Moderate Income Housing Act and makes it more specific for our local needs. It sets up a process for the Zoning Board to follow as well as putting the applicant on notice as to what information that the Zoning Board will be requiring in order to review their application.
Ms. Bryer informed the Council that the Planning Commission has worked with the Town Solicitor to provide the Council with an updated version of the amendment.
Council President Littman inquired if this was the advertised amendment. Ms. Bryer stated that a summary of the amendment was advertised; the changes presented this evening are in line with State law. Ms. Bryer reviewed the changes:
Section 1700 – Authority to Grant a Comprehensive Permit
First paragraph Remove or if the proposal involves a land subdivision, the Planning Board
Section 1703 – Application procedure
(E) Remove Zoning
Remove Incomplete applications shall be returned to the applicant or its authorized agent or representative with instructions for completion. Completed applications shall be received by the Permitting Board as of the date of certificate of completeness by the Boar, and shall immediately scheduled for a public hearing and notice thereof shall be sent to the applicant.
(F) Remove Zoning
Remove and shall schedule its review for the next available Zoning Board meeting
Section 1704 – Notice and hearing
(A) Remove completed as defined herein
Add Initially, the Permitting Board shall address any outstanding issues as to the completeness of the application and shall after review of the application and the recommendation of the Committee, certify the application as either complete or incomplete. When an application is certified as incomplete, the Permitting Board shall adjourn the Public Hearing until the applicant has submitted the information and documents which the Permitting Board has indicated are necessary to make the application complete.
Section 1705 – Decisions
(A) Remove Zoning
Section 1706 – Timing of hearing and decision Remove Section 1706
Council President Littman asked if this amendment would make it unduly burdensome to file a permit for low to moderate income housing.
Councilor Settipane inquired if the process could be streamlined for the small developer such as for a four-unit development, perhaps using administrative discretion.
The Town Planner commented that the Jamestown Comprehensive Plan clearly encourages the development of smaller units scattered throughout the Town. The items that are required to be provided to the Zoning Board are considered a minimum. If a project is above and beyond that minimum or there are questions about a specific project, the Zoning Board is able to ask for additional information. Ms. Bryer noted that it is her opinion that this amendment is not overly burdensome.
Councilor Settipane indicated that he would like to see language added to streamline the process. Additionally, Councilor Settipane requested that the following change be made:
Section 1703 – Application procedure
(F) Add Any substantive change requested …
The Town Solicitor proposed that the Council consider adopting the amendment with the changes as submitted. The Town Solicitor could then be instructed to consider a further amendment to be presented at a later date, if consistent with State law and experience with other communities for a way to encourage smaller units through a process which is made to appear to be more user friendly and less burdensome.
Council President Littman invited public comment.
Representative Long asked if this amendment along with the Comprehensive Plan provides for moving toward the ten percent requirement as mandated by statute.
The Town Planner stated that the Planning Commission has reviewed suggested language changes to the Comprehensive Plan and submitted that to the State for their approval. Once it is returned, there will be a hearing held and the language, if adopted, will be added to the Comprehensive Plan. Additionally, the Town Planner informed the Council that the Town has applied for two grants for the strategic housing plan.
Representative Long asked if it would be possible to compel the developer to pay for expert testimony.
Councilor Settipane indicated that there was a recent decision that would allow such a charge back.
The Town Solicitor noted that any provisions for a charge back would need to be included in the Town’s Code of Ordinance.
The Town Planner inquired if the changes presented by the Planning Commission would require readvertising.
The Town Solicitor advised that the changes as presented by the Planning Commission and the change requested by Councilor Settipane do not require readvertising.
It was moved by Councilor Settipane, seconded by Council President Littman to add the word substantive to Section 1703 (F) (after the word “Any” and before the word “change”). So unanimously voted.
It was moved by Council President Littman, seconded by Councilor DiGiando to close the public hearing. So unanimously voted.
It was moved by Councilor DiGiando, seconded by Councilor Long to adopt the proposed amendment to the Zoning Ordinance, Article 17 – Low and Moderate Income Housing, as presented by the Planning Commission with the proposed changes. So unanimously voted.
It was moved by Councilor Settipane, seconded by Council President Littman to instruct the Town Solicitor to prepare an amendment for the Section 17 – Low and Moderate Income Housing to develop a more streamlined application process for a minor application for the development of low to moderate income housing, subject to consistency with State law. So unanimously voted.
It was the consensus of the Council to also have the Town Solicitor propose language relating to charge-backs for subdivisions and low to moderate income developments.
1) Scheduled request to address
2) Non-scheduled request to address
Representative Long informed the Council that he recently attended a meeting regarding the funding of education, which deals with the inequities between school and municipal employee contracts.
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.
I received a call from Sav Rebecchi, governmental report for the new local newspaper 02835. Mr. Rebecchi asked if I would be interested in participating in a biweekly column for the new paper. I found the idea interesting and agreed to participate. The column will discuss current or topics relating to town government. The first column will discuss the upcoming change in the town's fiscal year and is scheduled to appear in the November 5th edition.
I have received notification from both the Police Union, and the Department of Public Work's union to commence negotiations. Both union contracts expire on February 29, 2004. During the next two weeks I will be working on proposals for both contracts and will be prepared to discuss those with the Council in executive session at the November 10th council meeting.
Chief Tighe will be returning to work on November 3d. Currently he is available by phone for his senior officers and myself. I look forward to having a full compliment of department heads.
Attached please find information I received regarding Grow Smart Rhode Island.
Fiscal Year change
The Town Administrator informed the Council that the Finance Director would be forwarding a letter to the Auditor General regarding the sixteen month budget as previously requested by the Council.
Community Center Furnace
The Town Administrator informed the Council that a new furnace has been ordered for the Community Center to replace one of the three furnaces. There will be a study of the heating system at the Community Center to determine the needs and cost for upgrading the system.
2) Quonset Davisville Management Corporation
a) One vacancy exists, duly advertised and interviews complete; if favorable appoint:
i) Dennis Webster; previously interviewed (member of the Quonset Davisville Liaison Committee)
ii) Donna Fishman; interviewed
iii) Christine Tanner; interviewed
Representative Bruce Long presented the Council with a copy of the legislation enacted whereby the Jamestown Town Council has the authority to appoint a non-voting member to the Quonset Davisville Management Corporation.
It was moved by Councilor Long, seconded by Councilor Ferguson to appoint Dennis Webster to the Quonset Davisville Management Corporation. So unanimously voted.
b) Establish duties of appointee
It was moved by Councilor Settipane, seconded by Council
President Littman to request that the Town Solicitor review the charge and term
limit for the appointment to the Quonset Davisville Management Corporation and
report back to the Council at the next Town Council meeting on
3) Personnel Board
a) One vacancy exist, term ending
i) Nancy Kolman-Ventrone; requests reappointment interviewed
ii) Michael Schnack; interviewed
b) Letter from Jeffrey Hunter re: Nancy Kolman-Ventrone
It was moved by Council President Littman, seconded by
Councilor Long to reappoint Nancy Kolman-Ventrone to the Personnel Board for a
4) Conservation Commission
a) Memorandum from Chair re: Proposed
It was moved by Councilor Settipane, seconded by Councilor Long to accept the memorandum from the Chair of the Conservation Commission. So unanimously voted.
5) Library Board of Trustees
a) Letter from chairman re: reappointment
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter from the Chair of the Library Board of Trustees. So unanimously voted.
6) Water Study Committee
a) Appointment of David Swain (per Councilor Settipane)
Council members recognized Mr. Swain’s participation and contribution to the Water Study Committee. Following a discussion on the advertising procedure in place for committee appointments, it was moved by Councilor Settipane, seconded by Councilor Long to instruct the Town Clerk to advertise for a position on the Water Study Committee. So unanimously voted.
1) Board of Water and Sewer (cont. from
a) Award bid for Pump Station Rehabilitation Project
The Town Administrator requested that
the bid award for the Pump Station Rehabilitation Project be continued to the
Tree Preservation and Protection Committee re: Town
Solicitor review of proposed amendments (cont. from
a) Town Solicitor report
It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the report from the Town Solicitor. So unanimously voted.
No action taken.
The Town Solicitor suggested that Mr. Parks meet with the Chairperson of the Tree Preservation and Protection Committee to review the ordinance and answer any questions the committee may have.
3) Public Access and Maintenance to
Rights-of-Way (cont. from
a) Town Solicitor report
Council President Littman reviewed the opinion submitted by Solicitor A. Lauriston Parks; that opinion being, the question of regulating public access and related activities should, in the first instance, be considered initially by the Harbor Management Commission and then perhaps, if necessary, by the Planning Commission and the Conservation Commission.
Town Solicitors Harsch and Parks
reviewed information from prior efforts on the subject mainly directed at the
Councilor Long indicated that he was leaning towards the Harbor Management Commission monitoring the rights-of way, with the Commission reporting to the Town Administrator as to when accesses need to be cleaned or maintained. Councilor Long stated that the Recreation Department is not equipped to maintain these areas.
Council President Littman noted that
other considerations are regulations for parking and possible preference for
residents at areas such as Park Dock and the
Councilor Settipane stated that this
is two fold, with public access being a commonality. However, there are some specific or unique
problems that must be addressed. Park
Dock is located on a dead end street with five parking spots. These areas need to be assessed and they
should be addressed in the Harbor Management Plan. Also, Councilor Settipane agreed with the
Town Solicitor in addressing public access more globally. Councilor Settipane suggested that the
Council make decisions relating to specific areas such as Park Dock. Councilor Settipane asked if parking could be
limited to two spaces for statewide use and limited hours. Councilor Settipane suggested reviewing the
Council President Littman suggested that the Council submit ideas to the Town Solicitor for his review.
There was additional discussion by the Council in review of their concerns.
The Town Administrator suggested that she obtain a copy of the rules and regulations from RIDEM and be allowed to review the concerns of the Council and those rules and regulations with staff members and report back to the Council with a draft policy or recommendations.
Councilor Long requested that Town Solicitor Parks be included drafting a policy or recommendations.
Christopher Powell suggested that a member of the public work with the Town Administrator.
Dennis Webster suggested that the Comprehensive Community Plan be looked at to see who was primarily given the responsibility for rights-of-way.
It was the consensus of the Council
that the Town Administrator and Town Solicitor forward a report to the Council
4) Town Council work session
It was the consensus of the Council
to hold the Town Council all-day work session on
1) Event Application:
Rotary Club to display holiday lights on
moved by Councilor Long, seconded by Councilor Ferguson to allow the Jamestown
Rotary Club to display holiday lights on
2) Victualing License Renewal Applications
a) Department of Health re: list of current establishments
It was moved by Council President Littman, seconded by Councilor Ferguson to accept the list of current establishments from the Department of Health. So unanimously voted.
b) Victualing License Renewal Applications (*insurance liability required)
· Ace’s Pizza
· The Cove Grill*
· Cumberland Farms Store #1108 (with extended hours)
· East Ferry Deli & Market
· Freddie Bing’s Hotdog Thing*
· McQuade’s Supermarket
· Theatre Family Restaurant
· Village Hearth
· Jamestown Xtra Mart (with extended hours)
The Town Clerk informed the Council that pursuant to Rhode Island General Law, the applications for extended hours for Cumberland Farms Store #1108 and the Jamestown Xtra Mart must be advertised for public hearing. Therefore, the Town Clerk requested that those applications be removed from the Council’s consideration.
The Town Solicitor advised that a Victualing License application for extended hours must be advertised three times prior to a hearing. Additionally, the Town Solicitor noted his concern regarding state corporations without in-state agents for service.
It was the
consensus of the Council that the Town Clerk would advertise for a hearing to
be held on
It was moved by Councilor Settipane, seconded by Councilor Long to approve the Victualing License Renewals for the remaining applicants, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted. The licenses renewed are as follows:
The Cove Grill*
East Ferry Deli & Market
Freddie Bing’s Hotdog Thing*
Theatre Family Restaurant
3) Multi-License Renewal Applications including Victualing License
a) House of Pizza
i) Victualing & Pinball/Video Game (1)
It was moved by Councilor Settipane, seconded by Council President
Littman to approve the Victualing and Amusement Multi-License Renewal
Application for BADA Bing, Inc., d/b/a House of Pizza for the period of
4) Bingo License Renewal
a) Letter from Mary McGirr re: waiving Bingo License fee
b) Bingo License renewal
moved by Council President Littman, seconded by Councilor Long to renew the
Bingo License for the
Previously held at .
There being no further business before the Council, it was moved by Councilor Settipane, seconded by Council President Littman to adjourn at . So unanimously voted.
Arlene D. Petit