TOWN COUNCIL MEETING
†A regular meeting of
the Jamestown Town Council was called to order at the Jamestown Philomenian
David J. Long, Vice President
Julio J. DiGiando
Claire M. Ferguson
Guy J. Settipane
Maryanne Crawford, CPA, Town Administrator
J. William W. Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
It was requested that items # 1 (a) and 5 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:
2) Bills and Payroll
3)†††††††† Minutes from Boards, Commissions and Committees:
Harbor Management Commission (
Library Board of Trustees (
Tree Preservation and Protection Committee (
4)†††††††† CRMC Notices:
a) Corrected February 2004 Calendar
Cancellation Notice re:
Thomas & Linda Pearson,
iii) Isenberg Family Ltd. Partnership, 42 Eames St., Providence, re: construct renovation to an existing residential dwelling by razing and removing the existing dwelling and constructing a new dwelling removing a portion of the existing garage and installing a new DEM approved ISDS; dwelling will be serviced by existing well, located at plat 2, lot 29; 5 Court St.
d) Certificate of Maintenance
Joan Engel & David Guiney,
Duncan Laurie, Dragonline, LLC,
e) Finding No Significant Impact
i)††††††††† Joseph & Nancy Logan,
6)†††††††† Statewide Planning Council Public Notice re: DOT and TIPís Highway Program amendments
7)†††††††† Zoning Board of Review abutter notification notice re: application of John & Darla Barber, whose property is located at 31 Hull St., and further identified as Tax Assessorís Plat 14, Lot 85 for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) to construct an addition 13 ft. from the corner setback where 20 ft. is required.† Said property is located in a R40 zone and contains 7200 sq ft.
1)†††††††† Adoption of Council minutes:
Council President Littman stated that the Unreserved Fund balance is incorrect as reported on page 4 of the minutes and requested that it be corrected to read $1,850,000.00.†
It was moved by Council President Littman, seconded by Councilor Long to approve the minutes as amended.† So unanimously voted.
5)†††††††† DEM Notice re: Fresh Water Wetlands Act application of Bartholomew Catanzaro
Councilor DiGiando noted his concerns that the property
Councilor Settipane suggested that the Town Administrator send a letter to RIDEM if it is found to be appropriate.
It was moved by Councilor DiGiando, seconded by Councilor Long to accept the DEM Notice.† So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Littman opened the public hearing regarding proposed changes to Section 78-72 Composition of the Jamestown Harbor Management Commission at .
Jamestown Code of Ordinance Section 78-72 Composition
of the Jamestown Harbor Management Commission†
(duly advertised on
The Town Solicitor reported that the proposed amendment was prepared pursuant to the Jamestown Charter and the Jamestown Code of Ordinance and in consideration of the proposed Harbor Management Ordinance, which is currently being reviewed by the Town Council.††
James Archibald, Harbor Management Commission Chair, suggested that the Council consider current members to fill the amended positions and to begin advertising for vacancies as soon as possible.† Additionally, Mr. Archibald suggested that the terms be staggered.
Councilor Settipane questioned if it would be necessary to include the term limits in the ordinance.
Council President Littman mentioned that the language of the existing ordinance refers to overlapping three-year terms so that approximately one-third of the membership terms will expire each year.†
The Town Solicitor recommended addressing issues relating to term limits and the
staggering of terms through the Harbor Management Ordinance.† Additionally, the Town Solicitor noted that it is not necessary to be exclusively or primarily involved in one particular water related activity, which would allow the Council to be more flexible in appointing individuals that reasonably represent a particular interest.†
Councilor Settipane expressed his concern that the proposed ordinance amendment does not include the striking out of the old language and showing the new language to be included.
Council President Littman stated that the proposed changes are in consideration of Section 78-72 of the Jamestown Code of Ordinance and that it is Section 78-73 that contains the term limit language.†
The Town Administrator informed the Council that terms are covered in the Charter.
Council President Littman stated that
the proposed ordinance gives the Council more flexibility; however, the Council
would still attempt to appoint members representing each side of
There being no further comments, it was moved by Councilor Settipane, seconded by Councilor DiGiando to close the hearing at .† So unanimously voted.
It was moved by Councilor DiGiando, seconded by Councilor Long to adopt the proposed amendment to Section 78-72 of the Jamestown Code of Ordinance as presented.† So unanimously voted.
The Town Solicitor informed the Council that this amendment would take effect upon its passage.†
It was moved by Council President Littman, seconded by Councilor Long to advertise for four openings on the Harbor Management Commission, with preference being given to a representative of riparian property resident (costal waters), non-riparian recreational boating community and a member of the commercial fishing industry.† So unanimously voted.†
1) Scheduled request to address
Frank Meyer read the statement submitted to the Council regarding the meeting location and the membership of the Beavertail State Park Advisory Committee.††† Additionally, Mr. Meyer requested an opinion from the Town Solicitor as to whether or not the Committee meetings are subject to the Rhode Island Open Meetings Act.
The Town Solicitor referred to the Rules and Regulations for the Development and Operation of Beavertail State Park, Section 11, membership, noting that there are not specific terms mentioned.†† Mr. Harsch stated that the term limits for Council appointees have been set by the Council; term limits for other representatives could be set by agreement with RIDEM.† Mr. Harsch also stated that the meetings of the Beavertail State Park Advisory Committee are public meetings and as such are subject to the Open Meetings Act.†
Mr. Meyer stated that the committee membership as stated is comprised of five members.
Mr. Meyer noted that the representative listed for RIDEM is Mr. Mouradjian; however, Mr. Sutton has also been attending these meetings and voting on issues.†
The Town Administrator informed the Council that RIDEM is represented by either Lawrence Mouradjian, Chief of Parks and Recreation or by Robert Sutton, Chief of Planning and Development; however, only one representative will vote on an issue.†
It was the consensus of the Council that the Town Administrator relay the concerns as discussed to Fred Vincent, Interim Director at RIDEM.
2) Non-scheduled request to address
Jean Brown requested that the Council reappoint her to the Planning Commission.
Representative Bruce Long updated the Council on the following:†
William Kelly, Grant Writer updated the Council on the progress of grant applications that have been submitted on behalf of the Town.†
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administratorís 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 have received a copy of the bid specification and plan
regarding the demolition of the old
A meeting has been scheduled for on
Just prior to the start of the budget process, I recommended
to the Council that I work with Department Heads to come up with regulations
regarding right-of-ways and other areas such as the
I have requested and received two proposals for the rate study concerning water rates. The Town received two proposals and I am recommending awarding the bid to Bacon & Edge for an amount not to exceed $5000.00. Bacon & Edge has informed me it will take approximately thirty days to complete the study.
Attached please find a copy of the executive summary for the Town Council/Staff workshop.
Additional items discussed:
Jamestown Police Department
The Town Administrator reported that Lieutenant Paul Balzer has retired after thirty-two (32) years of service to the community.
Contract Negotiations Ė Council Liaison
The Council discussed the letter submitted by the Town Solicitor regarding the advantage of appointing a Council Liaison to attend union contract negotiations and concluded that the opinion was cautionary rather than restrictive.
GZA GeoEnvironmental Report
Comment No. 6 and No. 8
Councilor DiGiando indicated that he could not support the recommendation by members of the community that prohibits all residential, commercial or municipal activity on the former landfill site.†
Waterline Connection to
The Town Administrator reported that
RIDOT has agreed to replace the water connection presently on the old
Water Rate Study
The bid proposals for the rate study will be on the Water
and Sewer meeting for the Councilís consideration on
The Town Administrator addressed the
anticipated surplus from the 2003/2004 School Department budget of
approximately $350,000.00.† The Town
Administrator cautioned that this is not an audited number but rather an
anticipated amount.† The Town
Administrator noted that she would like to apply a portion of the current
surplus to the present budget being presented to the voters on
The Council discussed the need for communication between the Town Administrator and the School Committee.† Additionally, the Council requested that the Town Solicitor advise them on the rights and obligations regarding the anticipated surplus and provide the necessary legal analysis.†
2) Planning Commission
a)†††††††† Four (4) vacancies exist; (1) term
i) Requests for reappointment:
∑ Betty L. Hubbard
∑ Victor V. Calabretta
∑ Jean MacGregor Brown
ii)†††††††† Letters of interest:
∑ William A. Kelly
∑ Abigail Campbell-King
∑ Michael Schnack
It was moved by Council President Littman, seconded by
Councilor Long to appoint Victor V. Calabretta, William A. Kelly and Betty L.
Hubbard to the Planning Commission for terms ending
It was moved by Councilor Settipane, seconded by Councilor
Littman to reappoint Jean MacGregor Brown for a term ending
3) Conservation Commission
a)†††††††† Letter from Chair re: Reappointments
Two vacancies exists; terms ending
∑ Steven Ryba
∑ Thomas Johnson
ii) Letter of Interest:
∑ Jennifer Stearns Talancy
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the letter from the Conservation Commission Chair.† So unanimously voted.
It was the consensus of the Council to continue
appointments to the Conservation Commission to the Council meeting on
a)†††††††† Letter from Executive Director re: resignation
b)†††††††† Resigination of Isabelle R. Verducci
c)†††††††† Letter from Chair re: reappointment of Ralph Misto
c) Letter from Ralph Misto re: reappointment
It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the letter from the Executor Director.† So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the letter from Isabelle R.Verducci as communication so that she can continue to serve until replaced.† So unanimously voted.
It was consensus of the Council to advertise for one vacancy on the Housing Authority.
It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the Jamestown Housing Authority Chair.† So unanimously voted.
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the letter of interest from Ralph Misto.† So unanimously voted.
Council President Littman announced a short break at .
The Council returned at .
1)†††††††† Harbor Management Commission (cont.
a)†††††††† 2004/2005 Marine Development Fund Budget for approval:
††††††††††† i)††††††††† Town Infrastructure
ii)†††††††† Harbor Management
The Town Administrator noted the following changes to the 2004/2005 Marine Development Fund Budget:
Transfer from Fund Balance††††††††††††††††† added $6,700.00 for a total budget of $71,000.00
Printing and Mailing††††††††††††††††††††††††††††† increased by $750.00 for a total of $9,000.00
Boat Capitalization Fund†††††††††††††††††††††† increased by $10,146.00 for a total of $17,646.00
Total Budget $213,111.00
The Town Administrator stated that the rate structure will remain the same as in the previous year.
James Archibald gave additional information regarding the Boat Capitalization Fund, noting that this fund is for anticipated replacement of a vessel.† Mr. Archibald commented that the present balance of retained earnings is $42,193.00, plus the addition of the $17,646.00 being budgeted from this yearís budget.†
Councilor DiGiando expressed his concern that more money is being generated than needed and suggested that consideration be given in the future to an adjustment to fees.
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to approve the 2004/2005 Marine Development Fund budget for the Town Infrastructure and the Harbor Management, as presented.† So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the Long Range Infrastructure Plans as communication.† So unanimously voted.
b)†††††††† Town Solicitor opinion re:† liability and enforcement issues related to
East Ferry (continued from
It was the consensus of the Council
that the Town Solicitorís opinion regarding the liability and enforcement
issues related to East Ferry be continued to the
2)†††††††† Public Access and Maintenance to
Rights-of-Way (cont. from
a) Report and recommendations from Town Administrator
b) Request for continuation
Council President Littman stated that
the Town Administrator is working with the Town staff to put a report together
and requested that any recommendations be continued to the Council meeting on
Petition for Abandonment of Street/Highway, pursuant to
a)†††††††† Petition from John A. Murphy, Esq.,
representing all abutters to a portion of
Request for continuation to Town Council meeting
It was the consensus of the Council to continue the Petition
for Abandonment of Columbia Avenue to the Council meeting on
The Town Solicitor reported that it has been established
that the plat map shows the portion of
1)†††††††† Letter from Andrew Yates re: Highway Barn project
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter from Andrew Yates regarding the Highway Barn project.† So unanimously voted.
2)†††††††† Harbor Management Commission
a)†††††††† Letter from Attorney Turner Scott re: appeal of Dr. Jerrold Rosenburg Ė request for new hearing date
It was the consensus of the Council to instruct the Town Clerk to coordinate the hearing date for the appeal of Dr. Jerrold Rosenburg.
3)†††††††† Letter from RIDOT re: demolition and disposal of the old
moved by Councilor Long, seconded by Councilor Ferguson to accept the letter
from RIDOT regarding the demolition and disposal of the old
1) Strategic Affordable Housing Plan
a)†††††††† Council liaison (appoint liaison to work with Affordable Housing Committee, Planning Commission liaison and Barbara Sokoloff Associates to prepare plan and develop public education)
It was the consensus of the Council that Councilor Settipane be appointed as the Council Liaison to work on the Strategic Affordable Housing Plan with the Affordable Housing Committee, Planning Commission Liaison and Barbara Sokoloff Associates.
There being no further business before the Council, it was moved by Council President Littman, seconded by Councilor Ferguson to adjourn at .† So unanimously voted.
Arlene D. Petit