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
Claire M. Ferguson
Guy J. Settipane
also present:
Maryanne Crawford, CPA, Town Administrator
J. William W. Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS:
None
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
With the Town Council sitting as the Alcoholic Beverage
Licensing Commission, Council President Littman opened the public hearing for
the renewal of Liquor Licenses at
1)
State of
It was the consensus of the Council to accept the Statement of Good Standing from the Division of Taxation.
2) Liquor License Advertisements
It was moved by Council President Littman, seconded by Councilor Long to accept the notice of liquor license advertisements. So unanimously voted.
3) Letter from Stephen Mecca re: Objection
It was moved by Council President Littman, seconded by Councilor Long to accept the letter from Stephen Mecca. So unanimously voted.
4) Renewal of Liquor Licenses, if favorable GRANT renewal applications
duly advertised in the Newport Daily news upon the resolution of debts,
taxes, State approval and appropriate
signatures:
RENEWAL:
Jean Page, Inc.
dba: Page’s Liquors
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Councilor Long to approve the Class A Retail Liquor License to Jean Page, Inc., dba: Page’s Liquors, subject to the necessary approval and clearance from the Division of Taxation and subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Grapes & Gourmets, Inc.
dba: Grapes & Gourmets
9 Ferry Wharf
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Councilor Long to approve the Class A Retail Liquor License to Grapes & Gourmets, Inc. dba: Grapes & Gourmets, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Long Wharf Marina Restaurant, Inc.
dba: The Bay Voyage
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Council President Littman to approve the Class B – Tavern Liquor License to Long Wharf Marina Restaurant, Inc. dba: The Bay Voyage, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Alexander Enterprises, Inc.
dba: Narragansett Café
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Council President Littman to approve the Class B – Victualer Liquor License to Alexander Enterprises, Inc. dba: Narragansett Café, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Islandish, Ltd.
dba: Chopmist Charlies
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Council President Littman to approve the Class B – Victualer Liquor License to Islandish, Ltd. Dba: Chopmist Charlies, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Jamestown Oyster Bar, Inc.
dba:
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Council President Littman to approve the Class B – Victualer Liquor License to Jamestown Oyster Bar, Inc. dba: Jamestown Oyster Bar, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
New England Golf Course Management, Inc.
dba:
aka: the Caddy Shack
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Councilor DiGiando to approve the Class B – Victualer Liquor License to New England Golf Course Management, Inc. dba: Jamestown Golf and Country Club aka: the Caddy Shack, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
SeaDish, Ltd.
dba: Tricia’s Tropi-Grille
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Council President Littman to approve the Class B – Victualer Liquor License to SeaDish, Ltd. dba: Tricia’s Tropi-Grille, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Trattoria Simpatico, Inc.
dba: Trattoria Simpatico
Council President Littman called for comments; there being none, it was moved by Councilor Settipane, seconded by Councilor Ferguson to approve the Class B – Victualer Liquor License to Trattoria Simpatico, Inc. dba: Trattoria Simpatico, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Portuguese American Citizen’s Club
dba: Portuguese American Citizen’s Club
Council President Littman noted that
the Portuguese American Citizen’s Club was cited by the Deputy Fire Marshall
for deficiencies and has been given 120 days to bring the Club into
compliance. President Littman stated
that the liquor license for the Portuguese American Citizen’s Club will come
before the Council as it relates to the citation of deficiencies at the 2003
Council President Littman called for comments.
Robert Trout,
Michael Toland,
Councilor Long stated that the noise issue was brought to the Council in previous years. The Club was instructed to work with the neighbors to correct the situation.
Mr. Toland requested that the Council deal with the light and noise pollution coming from the Portuguese American Citizens Club.
Councilor Settipane inquired if there was a record of any violations concerning the Portuguese American Citizens Club.
The Town Administrator noted that the application was signed off by the Police Department.
Council President Littman stated that he would like to hear from a representative of the Portuguese American Citizens Club and suggested that the renewal request be continued to the next Council meeting.
Councilor DiGiando, as a point of order, noted that neighbors have come forward with complaints about an establishment. In addition, we have a letter of complaint from an abutter of another establishment. Councilor DiGiando questioned the procedure followed by the Council when complaints are received.
Council President Littman stated that because we have dealt with the lighting problem in the past, we should make an effort to resolve those problems.
The Town Solicitor suggested that the Council postpone any action, but at the same time pass a resolution to have the Town Administrator meet with a representative of the Portuguese American Citizens Club and report back to the Council.
The Council discussed the lighting issue and the fact that it was thought to be resolved.
Councilor Settipane noted that the lighting complaint could possibly be a zoning issue, which we have enforceable laws to deal with. The noise issue does not presently have an enforceable law; however, the Council is working on establishing a noise ordinance.
It was the consensus of the Council
to postpone any action as suggested by the Town Solicitor and to instruct the
Town Administrator to contact management at the Club to express those concerns
as discussed and request that a representative from the Club attend the Council
meeting on
Conanicut Yacht Club
It was moved by Councilor Settipane, seconded by Councilor Ferguson to approve the Class D Full Liquor License to Conanicut Yacht Club, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
Slice of Heaven, Inc
dba: Slice of Heaven
The Council discussed the expanded area, which consists of the outside patio area, where alcoholic beverages would be served.
Council President Littman called for any comments; there being none, it was moved by Councilor Settipane, seconded by Councilor Long to approve the Class B – Victualer Liquor License for Slice of Heaven, Inc. dba: Slice of Heaven as presented with the change in premises, subject to the resolution of debts, taxes, State approval and appropriate signatures. So unanimously voted.
There being no further liquor license
renewals, Council President Littman closed the hearing at
CONSENT AGENDA
It was requested that item 1 (b) 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:
a)
b)
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
a) Neighborhood
Advisory Committee (
b)
Zoning Board of Review (
c)
d)
Harbor Management Commission (
e)
Planning Commission (
4) CRMC Notices:
a) November 2003 Calendar
b)
David G. & Judith B. Enstone,
5)
Abutter notification from RC Cournoyer Enterprises,
Inc. re: ISDS Application #0315-0037;
Plat 15, Lots 84 & 85,
***************************************************
1) Adoption of Council minutes:
b) Harbor Management Ordinance and Harbor
Management Comprehensive Plan Public Hearing Minutes (
Councilor Settipane asked the Town Clerk why the minutes were submitted late. The Town Clerk noted that the minutes were being compiled for review by the Council in their deliberations of the proposed Harbor Management Ordinance and Harbor Management Comprehensive Plan. Because the public hearings were continuing for an extended amount of time, the minutes were now being submitted.
Councilor Settipane stated that he would like the minutes submitted in accordance with the Open Meetings Law.
It was moved by Councilor Settipane, seconded by Council President Littman to approve the minutes from the Harbor Management Ordinance and Harbor Management Comprehensive Plan. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Littman announced that there would be an executive session later in the meeting pursuant to RIGL 42-46-5 (a) (2) to discuss collective bargaining for the International Brotherhood of Police Officers and for the Service Employees International Union.
1) Pursuant to RIGL 42-46-5 (a) (2) Collective Bargaining
a) International Brotherhood of Police Officers, Local 305 (IBPO)
b) Service
Employees International
PUBLIC HEARING
Council President
Littman opened the public hearing at
1) Proposed Harbor Management Ordinance
and
a) Reschedule hearing date
It was moved by Council President Littman, seconded by
Councilor Long to continue the public hearing for the proposed Harbor
Management Ordinance and Comprehensive Harbor Management Plan to
OPEN FORUM
1) Scheduled request to address
2) Non-scheduled request to address
Donald Forest 84 Summit Avenue, stated that the issue of parking restrictions is becoming complicated. Mr. Forrest noted that the residents in the area of Park Dock are trying to regulate parking, they are not trying to restrict public access. Mr. Forest referred to parking restrictions at other areas such as Hulls Cove and downtown parking. Mr. Forest also addressed a newspaper report indicating that this issue would be sent back to the Planning Commission and the Conservation Commission.
Council members directed Mr. Forest to the Town Council
minutes of
Representative Bruce Long informed the Council that there will be additional funding for Homeland Security. Representative Long also informed the Council that to date there has been no decision of the rescue boat.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1)
Town Administrator’s report
(attached)
Town Administrator's Report
------------------------
November 10, 2003The 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 received all budget requests for fiscal 2004/05. I will be reviewing them over the next few weeks and anticipate having my recommended budget to the Council in early December. For you information I have attached a letter from Governor Carcieri regarding a Municipal Summit he will be hosting on Wednesday November 19th. As the letter states, this summit will gather together state and local officials to discuss issues such as health care. I am looking forward to the summit and will report back to the council with the outcome.
Last week I met with Bill Fazioli, the Town's financial advisor. I will be recommending that the Town refinance a significant amount of its debt at the March 1, 2004 financial town meeting. The refinancing will include town, school, and water fund debt. Based upon preliminary figures the total amount saved by the Town over the next sixteen years will be approximately $597,000.00. Mr. Fazioli will attend either a budget workshop or a council meeting to discuss this with the council and answer any questions you may have about the refinancing.
For your information, I have attached a copy of a letter I received form RIDEM regarding the Site Investigation Report for the former landfill.
Attached please find the schedule for the school's budget hearings.
-----------------------------------------------
The Council discussed the following information with the
Town Administrator:
Former
Councilor DiGiando requested that the Council be informed of the date for the meeting to be held with GZA GeoEnvironmental, Office of Waste Management, Town Officials and interested neighbors.
Refinancing of Town Debt
The Town Administrator reported that
the refinancing of Town debt would require voter approval. It was noted that the maturity dates for the
bonds would not be extended.
Councilor Settipane suggested that the
school debt be coordinated with the refinancing for lower interest rates. The Town Administrator informed the Council
that school financing must go through Public Bond Counsel.
The Town Administrator stated that she
will work with the School Superintendent to put the bonding of school repairs
and the funding for a new Town Hall on the March ballot.
Parks and Recreation
The Town Administrator informed the
Council that she would forward information relating to the costs of preparing
the second floor unit at the Golf Course for use by the Recreation Department
to the Council. Additionally, it was
noted that the funds for that preparation would come from the Golf Course funds.
2) Personnel Board
a) Letter from Jeffrey Hunter re: Board
The Council discussed the suggestions and concerns as related by Jeffrey Hunter, Personnel Board Chair.
It was the consensus of the Council that consideration would be given to holding a volunteer appreciation evening in recognition of the service and dedication of the members of our boards committees and commissions.
Councilor Settipane stated that, as mentioned in Mr. Hunter’s letter, the Personnel Board’s role in grievance and arbitration procedures of collective bargaining agreements should be advisory. Councilor Settipane noted that many communities use an outside source to resolve grievances.
The Town Administrator informed the Council that the NAGE union contract has had grievances resolved through the administrative level between the Town administration, aggrieved party and a union representative. The NAGE union contract offers two options for aggrieved parties if they are not satisfied with the administration level procedure; that is, the aggrieved party can go to the Personnel Board or they can go to arbitration through the American Arbitration Association. Both of these procedures are binding. Additionally, the Town Administrator noted that she has not seen a grievance go beyond the administration level.
Councilor DiGiando inquired if it is the best interest of the Town to have grievances heard by a volunteer group.
The Town Administrator answered that this is a tiered process. The first level is for the aggrieved party to contact a supervisor, second would be administration, third would be administration and union representative, fourth would be arbitration. Ninety to ninety-five percent of all grievances are resolved at the second or third level. The NAGE contract is the only contract that allows for the option to go before the Personnel Board or the American Arbitration Association. The SEIU can go to the Personnel Board, and if not satisfied with the outcome, can proceed to the American Arbitration Association.
Councilor Settipane suggested that the Town Administrator investigate the possibility of using more qualified individuals in the grievance process.
The Town Administrator noted that the NAGE contract was just negotiated and is binding until 2006.
Councilor Settipane indicated that, if all parties found it agreeable, it could be renegotiated.
The Town Solicitor stated that the Personnel Board might be reassured by the Council taking an interest in their suggestion and in the event, a matter would come before them, they could be properly staffed with a stenographer and the participation of legal counsel.
Councilor Settipane requested that the Personnel Board meet with the Town Administrator and Town Solicitor to review their concerns.
It was moved by Council President Littman, seconded by Councilor Long to accept the communication from Jeffrey Hunter, Chair of the Personnel Board. So unanimously voted.
3) Zoning
Board of Review
a) Letter from Chair re: recommendations and resignation
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from the Zoning Board of Review Chair. So unanimously voted.
UNFINISHED BUSINESS
1) Board of Water and Sewer (cont. from
a) Award bid for Pump Station Rehabilitation Project
As requested by the Town
Administrator, it was the consensus of the Council that the Pump Station
Rehabilitation Project bid award be continued to the Board of Water and Sewer
Commission on
2) Town Budget/Finance (cont. from
a) Cost Sharing
i) Report from Town Administrator re: plan of action for assessing proper charge-backs to enterprise accounts
The Town Administrator reviewed the procedure presented to determine whether or not it would be economically feasible to charge back costs to appropriate enterprise funds. Phase one of the process would be as follows:
Phase I would consist of the review of a test period of four randomly selected weeks. During the test period any personnel or equipment assigned to or providing services to an enterprise fund would be documented. At the conclusion of the test period the Finance Director would compile the data to determine the total amount to be charged back to the various enterprise funds along with the costs associated with the tracking and compiling of information. This information would be reviewed by the auditors to determine the estimated annual cost to be charged back to the individual enterprise funds. If it is determined that the costs do not exceed the benefit, the Town would proceed to Phase II.
Phase II would extend the test period for six months to confirm the accuracy of the estimated costs determined in Phase I. The auditors would periodically test the data and recommend/implement any changes. The Town would fully implement the program in FY 2005/2006 if it is determined that the annual charge back costs warrant it.
The Town Administrator noted that the cost of Phase I is approximately $2,000.00; Phase II is estimated at $5,000.00 to $7,000.00.
Councilor Long noted that it would be important to use randomly selected weeks and possibly more than the suggested four weeks.
Council President Littman inquired how the cost estimate for the first four weeks was arrived at. The Town Administrator informed the Council that the auditors assisted in the cost estimates.
Councilor Settipane noted that the sewer and water budgets are separate enterprise funds supported by user groups and not part of the general fund. Historically, the general fund through the Department of Public Works has been has been supplying all labor and repairs on the water and sewer systems without any recorded documentation for compensation of those services. Councilor Settipane expressed his concern with the process for determining the costs. Councilor Settipane stated that he would like to see a written proposal for this analysis. Additionally, Councilor Settipane addressed the handout by Sav Rebecchi, and noted that there is time on task software available, which would assist with the monitoring of all enterprise accounts. Councilor Settipane requested that this issue be further addressed at the next Council meeting.
Councilor Long indicated that he strongly supports a comprehensive review of all enterprise accounts.
The Town Administrator suggested that one week be selected from four to six consecutive months.
It was the consensus of the Council
that the Town Administrator provide a breakdown of the proposal and cost for
the plan as presented for the Council meeting on
3)
Quonset Davisville Management Corporation (cont. from
a) Report from Town Solicitor re: term limit and review of charge
It was moved by Council President Littman, seconded by Councilor Ferguson to set the term of appointment to the Quonset Davisville Management Corporation to up to two years to be concurrent with the Council terms. So unanimously voted.
4) Work session – establish time and date:
a) Proposed Noise Ordinance
b) Proposed Liquor Control Ordinance
It was the consensus of the Council
to hold the work session with the consultant on
COMMUNICATIONS
1) Letter from Senator Jack Reed re: PATRIOT Act
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the letter from Senator Jack Read. So unanimously voted.
NEW BUSINESS
1) Petition for Abandonment of Street/Highway (Pursuant to RIGL
a) Petition from Patrick O’N. Hayes, Jr., Esq., representing Caroline Head and Alton W. Head, III, re: abandonment of a street located on the West side of East Shore Road opposite Bay Terrace
Alton Head informed the Council that the street abandonment request is for property that has been used for a driveway for many years. It is Mr. Head’s intention, if the Council allows, to include the abandoned street with his mother’s property which abuts it.
It was the
consensus of the Council to continue discussion of the abandonment of property
at the next Council meeting on
b) Petition
from John A. Murphy, Esq., representing all abutters to a portion of
John Murphy
stated that he is the counsel representing all abutters to the undeveloped
section of
Councilor Long questioned if it was proper for the Town to give away a piece of property without reimbursement to the Town.
The Town
Solicitor informed the Council that the petition filed by Patrick O’N. Hayes,
Jr. on behalf of Alton Head and Caroline Head is for an accepted street and
must be advertised for public hearing pursuant to State law. However, the petition filed by Mr. Murphy on
behalf of the abutters to the undeveloped portion of
Upon
further discussion, it was the consensus of Council to wait to order
advertising until additional information is received and to continue the
petition to the next Council meeting
2) Multi-License Renewal Applications including Victualing
License (all liquor license establishments)
a) Chopmist Charlies
i) Entertainment Fee (full year)
ii) Victualing License
b) Conanicut Yacht Club
i) Entertainment (full year)
ii) Victualing License
c) Narragansett Café
i) Entertainment (full year)
ii) Jukebox (1)
iii) Pool Table (1)
iv) Pinball/Video machine (2)
v) Victualing License
d) Portuguese American Citizen's Club
i) Entertainment (full year)
ii) Jukebox (1)
iii) Victualing License
e) Trattoria Simpatico
i) Entertainment (full year)
ii) Victualing License
f) Tricia’s
Tropi-Grille
i) Entertainment (full year)
ii) Victualing License
It was moved by Councilor Settipane, seconded by Councilor Long to approve the Multi-License Renewal Applications as applied for on the agenda, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
3) Victualing License Renewal Applications (all liquor license establishments):
a) Bay Voyage Restaurant
b) Grapes & Gourmet
c)
d)
e) Page’s Liquors
f) Slice of Heaven
It was moved by Council President Littman, seconded by Councilor Long to approve the Victualing License renewals for the Bay Voyage Restaurant, Grapes & Gourmet, Jamestown Golf & Country Club, Jamestown Oyster Bar, Page’s Liquors and Slice of Heaven, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
4) Entertainment Licenses Application (liquor
license establishment):
a) Bay Voyage Restaurant (full year)
It was moved by Councilor Settipane, seconded by Council President Littman to approve the Entertainment License for the Bay Voyage Restaurant, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
OPEN FORUM CONTINUED
Representative
Bruce Long informed the Council that pursuant to State Law, a portion of the old
The Town
Solicitor informed the Council that in reference to the Low to Moderate Income
Housing lawsuit, there is a court challenge to the ordinance as passed by
various Towns, on the procedure to be adopted if a low/moderate application
comes before the Town. Mr. Harsch noted
that presently, there is a request for an injunction to stop the hearings
before the boards in
EXECUTIVE SESSION
It was moved by Council President Littman, seconded by Councilor Long to enter into executive session at 9:30 PM, pursuant to RIGL 42-46-5 (a) (2) to discuss collective bargaining for the International Brotherhood of Police Officers and for the Service Employees International Union. It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye. The motion passed unanimously.
The Council returned from executive
session at
There being no further business before
the Council, it was moved by Councilor Long, seconded by Council President
Littman to adjourn the meeting at
Attest:
Arlene D. Petit
Town Clerk