TOWN COUNCIL MEETING

October 27, 2003

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 6:05 PM by Council Vice President David J. Long.  The following members were present:

Claire M. Ferguson

Julio J. DiGiando

Guy J. Settipane

 

Council President Littman arrived at 6:20 PM

 

also present:

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 7:20 PM

 

EXECUTIVE SESSION

 

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 6:20 PM.

Councilor Settipane rescused himself from the executive session at 6:35 PM.

 

Following the Council’s return to regular session at 7:00 PM, 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 Rhode Island and the Town of Jamestown, prior to any modifications at the marina or basin area of Fort Wetherill by either the Town or the State, written approval of the other must be obtained. 

 

Mr. Powell noted that the proposed modifications would enable the Division of Fish and Wildlife to dock their research vessels at Fort Wetherill.  Mr. Powell informed the Council that the fleet includes a 50’ vessel, a 29’ Dyer, two 21’ boats, a 18’ boat, a 16’ boat and a 14’ boat.  Mr. Powell noted that the requested modification does not go outside of the bulkhead area.  Once the Town has given their permission for the development of a marina plan for docking their research vessels, plans will be submitted to CRMC for their approval.  Mr. Powell reviewed the placement of the fleet dockage.

 

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 November 10, 2003.

 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

 

None

 

CONSENT AGENDA

 

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:

a)                   

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Tree Preservation and Protection Committee (06/17/2003, 09/16/2003)

b)                  Town Buildings and Facilities Committee (09/10/2003)

c)                  Beavertail State Park Advisory Committee (05/15/2003)

d)                  Personnel Board (07/16/2003)

e)                  Conservation Commission (09/09/2003)

f)                    Jamestown Housing Authority (09/10/2003)

g)                  Water Resources Protection Committee (08/22/2003)

h)                  Library Board of Trustees (09/16/2003)

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.

b)                   

5)         Zoning Board of Review abutters notice to the Town of Jamestown re:

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.

6)                  Abutter notification from RIDEM re: ISDS Application #0115-2923; Plat 5, Lot 136, Beacon Avenue re: request for variance from RIDEM Regulations to install and operate a proposed ISDS from certain property located at Plat 5, Lot 136

7)                  Press Release re: Boards, Commissions and Committees terms

8)                  Naval Station Newport Restoration Advisory Board Minutes (09/17/2003)

9)                  Abatements/Addenda of Taxes

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

 

1)         Adoption of Council minutes:

a)         10/14/2003 Regular 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

 

Previously announced.

 

1)         Pursuant to RIGL 42-46-5 (a) (2) Litigation

 

PUBLIC HEARINGS

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 10/23/2003)

 

Council President Littman opened the public hearing at 7:45 PM.  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

                                    Add                 Permitting

                                    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

                                    Add                 Permitting

                                    Remove            and shall schedule its review for the next available                                                                      Zoning Board meeting

                                    Remove            Zoning

 

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. 

 

OPEN FORUM

 

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

October 27, 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 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.

 

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Additional Information

 

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 10/14/2003

            iii)         Christine Tanner; interviewed 10/14/2003

 

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 November 10, 2003.  So unanimously voted.

 

3)                  Personnel Board

a)         One vacancy exist, term ending 05/31/2006; duly advertised and interviews complete, if favorable appoint:

i)          Nancy Kolman-Ventrone; requests reappointment interviewed 08/12/2003

                                    ii)         Michael Schnack; interviewed 09/08/2003

                        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 term ending 05/31/2006.  So unanimously voted.

 

4)                  Conservation Commission

a)         Memorandum from Chair re: Proposed Jamestown Harbor Management Comprehensive Plan 2003

 

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.

 

UNFINISHED BUSINESS

 

1)         Board of Water and Sewer (cont. from 10/20/2003)

            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 November 10, 2003 Town Council meeting.

 

3)                  Tree Preservation and Protection Committee re: Town Solicitor review of proposed amendments (cont. from 10/14/2003)

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 09/22/2003)

                        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 Shores Beach.  There is a great deal of verbiage already in the Harbor Management Plan that directly addresses these issues in a general manner and it is the suggestion of the Town Solicitor that this be considered in that context. 

 

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 Shores Beach.  However, it should be handled comprehensively.

 

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 revised RIDEM Parks and Recreation Regulations and mirror some of those regulations.

 

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 by December 8, 2003.

 

4)         Town Council work session

                        a)         Friday, December 5, 2003 (all day) for Council’s consideration

 

It was the consensus of the Council to hold the Town Council all-day work session on December 5, 2003.

 

COMMUNICATIONS

 

None

 

NEW BUSINESS

 

1)         Event Application:

a)         Jamestown Rotary Club to display holiday lights on Narragansett Avenue from November 29, 2003 to January 3, 2004.  If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to allow the Jamestown Rotary Club to display holiday lights on Narragansett Avenue from November 29, 2003 to January 3, 2004., subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

 

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)

·                    Del’s of Jamestown *

·                    East Ferry Deli & Market

·                    Freddie Bing’s Hotdog Thing*

·                    McQuade’s Supermarket

·                    Peking Garden

·                    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 November 24, 2003 for Victualing License renewals with extended hours for Cumberland Farms Store #1108 and Jamestown Xtra Mart.   

 

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:

Ace’s Pizza

The Cove Grill*

Del’s of Jamestown *

East Ferry Deli & Market

Freddie Bing’s Hotdog Thing*

McQuade’s Supermarket

Peking Garden

Theatre Family Restaurant

Village Hearth

 

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 December 1, 2003 through November 30, 2004, subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

 

            4)         Bingo License Renewal

                        a)         Letter from Mary McGirr re: waiving Bingo License fee

                        b)         Bingo License renewal

 

It was moved by Council President Littman, seconded by Councilor Long to renew the Bingo License for the Senior Center and Pemberton Apartments Community Room from December 1, 2003 through November 30, 2004 and to waive the $100.00 renewal fee, subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

 

EXECUTIVE SESSION

 

Previously held at 6:00 PM.

 

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

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk