TOWN COUNCIL MEETING

November 24, 2003

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:03 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Claire M. Ferguson

Guy J. Settipane

also present:

Maryanne Crawford, CPA, Town Administrator

Carly Iafrate, Esq., Assistant Town Solicitor

Arlene D. Petit, Town Clerk

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

 

None

 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

 

            1)         Renewal of Liquor License, if favorable GRANT renewal application

                        duly advertised in the Newport Daily news upon the resolution of debts,

                        taxes, State approval and appropriate signatures:

RENEWAL:

Portuguese American Citizens Club

dba: Portuguese American Citizens Club

11 Pemberton Avenue

 

The hearing for renewal of the Class B Vitualer license for the Portuguese American Citizens Club was opened by Council President Littman at 7:05 PM.

 

Council President Littman reported that the Deputy State Fire Marshall has submitted a letter notifying the Council that the Portuguese American Citizens Club is in compliance with the present State Fire Code.  Additionally, President Littman stated that the purpose of continuing the renewal request was to allow officials of the Portuguese American Citizens Club to respond to complaints from abutters regarding lighting and noise.

 

Joseph Tiexiera, Brook Street, Vice President of the Portuguese American Citizens Club, informed the Council that every effort was made to adjust the light in question.  Newport Electric was called and they adjusted the light as much as possible.  Mr. Tiexiera noted that the light is located on the telephone pole on Pemberton Avenue and has been turned so that it gives light into the parking lot. 

 

William Murphy, Hamilton Avenue, spoke in favor of the license renewal for the Portuguese American Citizens Club.  Mr. Murphy stated that the Club is unique to Jamestown and is a meeting place for many clubs. 

William Kelly, Reservoir Circle, spoke on behalf of the Jamestown Lions Club stating that the Portuguese American Citizens Club main focus is to serve the community, many times allowing clubs to use the facility without charge, which allows additional funding for needed charitable events.  In addition, the Club is a place where senior citizens can afford to go for dinner and socializing. 

 

Gloria Connelly, Narragansett Avenue, stated that as a neighbor of the Portuguese American Citizens Club, she has not had any problems.

 

Robert Trout, Lawn Avenue, stated that he has been before the Council on several occasions regarding issues with the Portuguese American Citizens Club.  It has always been his request to have those issues addressed and corrected.  Mr. Trout stated that it was never his intention to interfere with the issuance of the Club’s license.  Mr. Trout further stated that the Club was instructed to fix the lighting and that it was never done.

 

Joseph Perry, President of the Portuguese American Citizens Club informed the Council that the electric company adjusted the light in question.  Mr. Perry stated that the lighting predates any zoning ordinance regulating lighting and therefore is not a zoning issue.  Additionally, Mr. Perry informed the Council that two lights were installed on the back of the building because of a break-in at the Club.  In addressing a noise compliant, Mr. Perry informed the Council that someone opened windows at the Club when a band was playing.  As soon as he was notified of the problem, the windows were shut.

 

Michael Toland, Lawn Avenue, stated that he called Narragansett Electric and was told that they could not make any further adjustments to the light; the only other alternative would be to remove the light.  Mr. Toland stated that the Club could install fencing, which would help with any problems with trash.  Mr. Toland indicated that he is not pleased with the efforts of the Club.   

 

Councilor Settipane noted that the Council must address the renewal as set before the Council.  The application has been signed off by all Town officials and is in compliance with the State Fire Code.  In addition, Mr. Tiexiera has made every effort to address the lighting issue; however, the light is owned by Narragansett Electric and is not under the control of the Portuguese American Citizens Club. 

 

Councilor Long stated that at the Council meeting on November 10, the Council was in agreement with the granting of the license; however, it was decided to continue the hearing so the Club could address the issues of noise and lighting.  Councilor Long encouraged the Club and neighbors to continue to settle any disputes.

 

Council President Littman stated that Town officials have signed off and approved the renewal request.  Councilor Littman noted that he would like to see a better spirit of cooperation between the Portuguese American Citizens Club and the neighbors; however, he saw no basis not to issue the license.

 

There being no further comments, the public hearing was closed.  It was moved by Councilor Settipane, seconded by Councilor DiGiando to renew the Class B – Victualer License for the Portuguese American Citizens Club, subject to the resolution of debts, taxes, State approval and appropriate signatures.  So unanimously voted.

 

2)                  Letter from the Deputy State Fire Marshall, Arthur Christman re: compliance

 

It was moved by Councilor Littman, seconded by Councilor Settipane to accept the letter from the Deputy State Fire Marshall.  So unanimously voted.

 

CONSENT AGENDA

 

It was requested that items 1(a) and (b), 3(b) and (j) and 7 be removed from the Consent Agenda.  It was moved by Councilor Long, seconded by Councilor Ferguson 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 (07/14/2003, 11/04/2003)

b)                   

c)                  Conservation Commission (10/14/2003, 10/30/2003)

d)                  Tax Assessment Board of Review (10/29/20003)

e)                  Jamestown Housing Authority (10/15/2003)

f)                    Harbor Management Commission (10/08/2003)

g)                  Board of Canvassers (10/17/2003)

h)                  Affordable Housing Committee (09/08/2003)

i)                    Zoning Board of Review (10/28/2003)

j)                     

k)                  Library Board of Trustees (10/21/2003)

l)                    Personnel Board (10/22/2003)

4)         DEM notice re: final RIPDES general permit for storm water discharge from small municipal separate storm sewer systems and from industrial activity at eligible facilities operated by regulated small MS4S 

5)         Naval Station Newport Restoration Advisory Board Meeting 10/15/2003 minutes

6)         International Brotherhood of Police Officers Jamestown Local 305 grievance

7)        

8)                  Abatements/Addenda of Taxes

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

1)         Adoption of Council minutes:

a)                  11/10/2003 Regular Minutes

b)         Harbor Management Ordinance and Harbor Management Comprehensive Plan Public Hearing Minutes (09/04/2003)

 

Council President Littman requested that the following corrections be made to the Council minutes:

1 (a)     Page 4, correct the date as it relates to the Portuguese American Citizens Club.  Change the date of January 9, 2003 to January 9, 2004.

            1 (b)     Page 3, change the word corporation to cooperation.

 

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

 

3)         Minutes from Boards, Commissions and Committees:

b)         Committee Liaisons with Vollmer & Associates (10/06/2003, 11/03/2003)

 

Councilor Settipane questioned the charge and structure of the liaison group working with Vollmer and Associates.  Councilor Settipane stated that it was not the intent of the Council to form another committee.

 

The Council discussed the purpose of the liaisons; that being, to represent the groups that have an interest in the highway barn, such as the Conservation Commission, Building and Facilities Committee and the Neighborhood Advisory Committee and to alleviate the need for Vollmer and Associates to meet with an array of groups. 

 

It was the consensus of the Council that Vollmer and Associates continue to receive their direction from the Council. 

 

Councilor DiGiando, as Council liaison to the group, indicated that it was his understanding that the Council intended that there be a representative from the Conservation Commission, Neighborhood Advisory Committee, Building and Facilities Committee, as well as a representative from the Council to coordinate with Vollmer and Associates as they continue discussion on site preparation and the beginning of the design work for the highway barn.  The group has met on four occasions.  There have been discussions on the recommendations that were initially done by the Neighborhood Advisory Committee.  There was discussion on the possibility of covering the sewage treatment plant tanks as well as discussion on the location with the least impact on the area.  Councilor DiGiando indicated that it was his understanding that the liaisons were to do this type of coordination and, in order to do that there needs to be some type of scheme. 

 

Councilor DiGiando informed the Council that there is a liaison meeting scheduled with Vollmer and Assistants on December 2, 2003. 

 

The Town Administrator noted that at the December 2 meeting, Vollmer and Associates will be discussing drainage, landscaping and aeration tanks. 

 

Upon further discussion, it was the consensus of the Council that Vollmer and Associates provide the Council with an update as soon as possible and to put this on the next Council agenda for further Council discussion.

 

It was moved by Councilor Settipane, seconded by Councilor Long to approve item 3 (b).  So unanimously voted.

j)          Tree Preservation and Protection Committee (08/19/2003, 09/16/2003,10/21/2003)

 

Council President Littman addressed the minutes of August 19, 2003 for the Tree Preservation and Protection Committee which mentions the Fort Getty Master Plan. 

 

The Town Administrator informed the Council that it is expected that the Fort Getty Master Plan will be updated the first of next year.  Additionally, the Town Administrator noted that the Town Planner and Recreation Director will be working to establish a committee to work on the update. 

 

It was moved by Council President Littman, seconded by Councilor Long to approve 3 (j).  So unanimously voted.

 

7)         Abutter notification from Mt. Hope Engineering, Inc. re: ISDS Application #9615-095; Plat 14, Lot 103, Stern St.

 

The Town Administrator informed the Council that Plat 14, Lot 103 has a 10’ water table and is located in Sub District A.

 

It was moved by Councilor DiGiando, seconded by Councilor Long to accept the abutter notification from Mt. Hope Engineering, Inc.  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) (5) real estate and pursuant to RIGL 42-46-5 (a) (2) litigation.

 

PUBLIC HEARING:

 

The public hearing for the renewal of Victualing Licenses with extended hours was opened by Council President Littman at 7:55 PM.

 

1)         NOTICE is hereby given pursuant to 5-24-1 of the General Laws of Rhode Island, 1956, and as amended, upon the following applications:

 

RENEWALS:

 

APPLICATION OF KENYON OIL COMPANY, Inc. dba: Jamestown Xtra Mart, for renewal of additional operational hours between 2:00 AM and 6:00 AM for the said establishment, holder of a Victualing License issued by the Town of Jamestown.  If granted, this will allow this establishment to continue to be open 24 hours per day.

 

There being no objections, it was moved by Councilor Settipane, seconded by Councilor Long to approve the application to renew the Victualing License with extended hours of operation for Kenyon Oil Company, Inc. dba: Jamestown Xtra Mart, subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

 

APPLICATION OF CUMBERLAND FARMS, INC., dba: Cumberland Farms Store #1108, for renewal of additional operational hours between 5:00 AM and 6:00 AM for said establishment, holder of a Victualing License issued by the Town of Jamestown.  If granted, this will allow this establishment to continue to be open from 5:00 AM to 12:00 AM daily (RIGL 5-24-1 allows this establishment to be open until 2:00 AM).

2)         Letter from Cumberland Farms re: store hours

 

There being no further comments, the public hearing was closed.  It was moved by Councilor Settipane, seconded by Councilor Long to approve the application to renew the Victualing License with extended hours of operation for Cumberland Farms, Inc., dba:  Cumberland Farms Store #1108, subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

 

It was moved by Council President Littman, seconded by Councilor Long to accept the letter from Cumberland Farms concerning hours of operation.  So unanimously voted.

 

OPEN FORUM

 

1)                  Scheduled request to address

a)         William Quinby, Mayflower International re: fish processing vessel

 

William Quinby of Mayflower International, informed the Council that the Russian factory vessel Dauriya has been sold and is not expected to return to this area.  Mr. Quinby noted that the original permit allows for a substitution vessel and informed the Council that the process has begun to find a modern European flag vessel to be available towards the first quarter of 2004.  Mr. Quinby assured the Council that the substitute vessel would comply with all previous Council and RIDEM requirements. 

 

2)                  Non-scheduled request to address

Representative Bruce Long encouraged the Council to continue to work with Mr. Quinby.

 

Donald Forest, Summit Avenue, asked when he could expect parking boulders to be placed on the lower right hand side of Broad Street so that vehicles would park in the designated area. 

 

The Town Administrator noted that she is working with the Town Solicitor, Town Planner, Public Works, Planning and the Police Chief in regards to parking and related matters.  Although the Council asked that it be put back on the agenda in December, the Town Administrator stated that because of budget preperation, she does not expect to complete the process until after the budget is complete.

 

William Murphy, Hamilton Avenue, submitted a detailed request for an addition to the Community Center. 

 

The Town Administrator stated that additional recreational needs will be looked at once the Town Hall is located, when assessment can then be made of available town structures.

 

It was the consensus of the Council that the letter from Mr. Murphy would be forwarded to the Building and Facilities Committee.

 

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

 

1)                  Town Administrator’s report (verbal)

 

Budget

The Town Administrator informed the Council that she would be forwarding the budget to them by early next week.

 

Municipal Summit

The Town Administrator presented an overview of the Municipal Summit and noted that the Governor indicated there would be no increase in funding for the new fiscal year.

 

Narragansett Avenue

Public Archaeology Laboratory (PAL) will begin the archaeology study next week.  It is expected to take about thirteen days to complete.  The Department of Public Works will be assisting PAL with a number of test pits.  This is a RIDOT project and should be completed sometime next spring. 

 

a)         Bid award for sand and salt spreader to W.H. Rose for an amount not to exceed $6,697.00

 

The Town Administrator reported that W. H. Rose submitted the lowest qualified bid.

 

It was moved by Council President Littman, seconded by Councilor Long to award the bid for a sand and salt spreader to W. H. Rose for an amount not to exceed $6,697.00.  So unanimously voted.

 

2)                  Tax Assessment Board of Review

a)         Letter from Chair re: officers and appeals

 

It was moved by Councilor Long, seconded by Councilor President Littman to accept the letter from the Chair of the Tax Assessment Board of Review.   So unanimously voted.

 

3)                  Planning Commission

a)         Letter from Sue Barker re: resignation

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Sue Barker.  So unanimously voted.

 

4)                  Harbor Management Commission (per Councilor DiGiando)

a)         Membership

i)          Term expirations and potential vacancies

ii)         List of commission members

 

Councilor DiGiando expressed his concern regarding the number of vacancies on the Harbor Management Commission and the fact that the Commission might be unable to fulfill their responsibilities.  Councilor DiGiando indicated that the existing ordinance has the need for a Commercial Mooring Operator as well as a Recreational Boating Community.  Councilor DiGiando pointed out that the proposed ordinance also includes these positions and requested that the Council fill these vacancies. 

 

Following additional discussion, it was the consensus of the Council that following a discussion with the Town Solicitor regarding the number of members on the Harbor Commission, the Clerk would provide the Council with the names of individuals that have been interviewed for the vacant positions and to put the appointments to the Harbor Management Commission on the agenda for the December 8, 2003 Council meeting. 

 

James Archibald, Harbor Management Commission member informed the Council that there are three vacant positions.  Commercial Mooring Operator, Recreational Boating Representative and a representative from the Environmental Community.

 

iii)         Letter from Acting Chair James T. Archibald

 

It was moved by Council President Littman, seconded by Councilor Long to accept the letter from Acting Chair, James T. Archibald.  So unanimously voted.

 

5)                  Library Board of Trustees

a)         Letter from Barbara Nesto re: resignation

 

It was moved by Council President Littman, seconded by Councilor Ferguson to accept the letter from Barbara Nesto.  So unanimously voted.

 

UNFINISHED BUSINESS

 

1)         Cost Sharing

a)         Costs for proposal as presented by Town Administrator (continued from 11/10/2003)

 

The Town Administrator reported that she does not have a proposal from the auditors as yet and requested that this item be continued to the Council meeting on December 8, 2003.

b)         Submission from Sav Rebecchi re: Basic Time-on-Task (Project Cost) Tracking (continued from 11/10/2003)

 

It was the consensus of the Council that Cost Sharing be continued to the Council meeting on December 8, 2003.

 

2)         Petition for Abandonment of Street/Highway - Pursuant to RIGL 24-6-1 et seq. order advertisement for hearing (continued from 11/10/2003)

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

 

The Town Solicitor advised that the petition for abandonment of the street located on the West side of East Shore Road opposite Bay Terrace is in order for advertisement. 

 

It was moved by Council President Littman, seconded by Councilor DiGiando to order advertising for the petition as presented by Caroline Head and Alton W. Head, III for the abandonment of the street on the West side of East Shore Road opposite Bay Terrace, pursuant to RIGL 24-6-1.  Advertising schedule to be determined by the Town Clerk.  So unanimously voted.

 

b)         Petition from John A. Murphy, Esq., representing all abutters to a portion of Columbia Avenue, further described as the northern boundaries of Lot 495 and Lot 609 on Tax Assessor’s Plat 9

 

The Town Administrator notified the Council that the petition for the abandonment for a portion of Columbia Avenue is presently being reviewed by Town Department Heads and requested that this be continued to the next Council meeting on December 8, 2003.

 

It was the consensus of the Council that the petition for abandonment of a portion of Columbia Avenue be continued to the December 8, 2003 Town Council meeting.

 

3)         DEM Fish & Wildlife re: Research Vessel Facilities Plan (continued from 10/27/2003)

                        a)         Letter from Christopher Powell

 

It was moved by Council President Littman, seconded by Councilor Long to accept the letter from Christopher Powell regarding the research vessel facilities plan.  So unanimously voted.

 

COMMUNICATIONS

 

1)                  Letter from Mary & Steven Heath re: Columbia Avenue

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from Mary and Steven Heath.  So unanimously voted.

 

2)         Letter from David Simmons, UK Sailmakers RI re: country club building

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept the communication from David Simmons.  So unanimously voted.

 

3)                  Letter From Daniel Alexander re Narragansett Café

 

It was moved by Council President Littman, seconded by Councilor Ferguson to accept the report from Daniel Alexander regarding the Narragansett Café.  So unanimously voted.

4)                  Letter from Bill Sprague re: East Shore Road speed limit

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from Bill Sprague and to forward it to the Chief of Police.  So unanimously voted.

 

NEW BUSINESS

 

1)         Newport County Community Mental Health Center re: appropriation request of $4,999.00

 

It was moved by Councilor Settipane, seconded by Councilor Long to continue any discussion relating to the appropriation of additional funds by Newport County Community Mental Health Center to the budget work sessions.  So unanimously voted.

 

2)         Event applications:

a)                  Christmas Tree lighting at East Ferry on December 6th

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to approve the Event Application for the Christmas Tree Lighting as applied for on December 6, 2003 at East Ferry.  So unanimously voted.

 

b)                  Special Olympics at Mackerel Cove Beach on January 1, 2004 to hold the annual Penguin Plunge

 

It was moved by Councilor Settipane, seconded by Councilor Ferguson to grant the event application for the Special Olympics at Mackerel Cove Beach on January 1, 2004, subject to the final approval of Chief Tighe.  So unanimously voted.

 

3)         Sunday Sales Application:

a)         DiGiando Enterprises, Inc. dba: Atlantic Landscaping; to sell Christmas Trees at 129 Narragansett Avenue

 

Councilor DiGiando recused from any discussion or vote on the DiGiando Enterprises, Inc. application.

 

It was moved by Councilor Settipane, seconded by Council President Littman to approve the Sunday Sales License for DiGiando Enterprises, Inc. dba: Atlantic Landscaping to sell Christmas Trees at 129 Narragansett Avenue, as applied for, subject to the resolution of debts, taxes and appropriate signatures and to incorporate the conditions as presented by the Building Official with the license.  The motion passed with Councilor DiGiando recusing and four in favor.

 

4)         Letter from URI re: Source Water Assessment

a)                  Request to schedule presentation

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the report regarding the Source Water Assessment for Jamestown.  So unanimously voted.

It was the consensus of the Council to arrange for a work session in January following a Board of Water and Sewer meeting.

 

EXECUTIVE SESSION

 

It was moved by Council President Littman, seconded by Councilor Long to enter into executive session at 9:00 PM, pursuant to RIGL 42-46-5 (a) (5) to discuss real estate and RIGL 42-46-5 (a) (2) to discuss litigation.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye. 

 

The Council returned from execution session at 9:35 PM. 

 

It was moved by was moved by Councilor Long, seconded by Councilor DiGiando to seal the minutes of the executive session.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye. 

 

It was moved by Councilor DiGiando, seconded by Councilor Settipane to instruct the Town Administrator to initiate a meeting with the Land Trust, Town Administrator and Town Solicitor to discuss negotiations as set forth in executive session.  So unanimously voted.

 

There being no further business before the Council, it was moved by Councilor Settipane, seconded by Councilor Long to adjourn the meeting at 9:55 PM.  So unanimously voted.

 

Attest:

 

Arlene D. Petit

Town Clerk