TOWN COUNCIL MEETING
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
Guy J. Settipane
Claire M. Ferguson arrived at
Maryanne Crawford, CPA, Town Administrator
Arlene D. Petit, Town Clerk
Lisa Bryer, Town Planner
Steven J. Goslee, Public Works Director
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Vollmer Associates re: presentation of alternative building for highway facility
In attendance for the presentation by Vollmer Associates:
John T. Hannigan
Council President Littman introduced John T. Hannigan, PE, Principal of Vollmer Associates, noting that Mr. Hannigan’s presentation would conclude with questions from the Council. President Littman noted that this is a preliminary design of the building and it is expected that within a month the Council will have cost estimates for the facility.
The following items were addressed by Vollmer Associates:
Functional & Efficient Operations
Safe & Healthy Work Environment
Economical First (Construction) Cost
Life Cycle Costs & Green Design
Aesthetics (Massing, Detail & Materials)
Life Cycle Costs and Green Design
• Maximize Natural Ventilation
• Optimize Daylight
• Design to Control Heat Gain/Loss
• Optimize Mechanical Systems
• Manage Water Consumption
• Employ Local Materials
The preliminary design presented is to be used as a baseline. Once the cost estimates are completed, decisions will be made by the Council as to a more final design.
There was Council discussion regarding the most cost effective materials to be used on the building. Additionally, there was discussion regarding the drainage and catch basins that would be constructed.
It was the consensus of the Council that Vollmer Associates provide information to the Council prior to presenting cost estimates.
In addressing the design, Mr. Hannigan stated that consideration would be given to the following components:
Basic functional requirements
High performance design
It was the consensus of the Council to continue discussion
on cost estimates and further preliminary design to the
Mr. Hannigan informed the Council that he would provide a tally sheet with estimated unit costs. Additionally, Mr. Hannigan noted that the Council would have the option to make adjustments at that time.
2) Condolence letter for the Harpool Family re: Maegan Harpool
Council President Littman noted that the Council would be forwarding a letter of condolence to the family of Meagan Harpool.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
It was moved by Councilor Long, seconded by Councilor DiGiando to approve the Consent Agenda as presented. So unanimously voted. The Consent Agenda consisted of the following:
1) Adoption of Council minutes:
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
a) Planning Commission
Management Commission (
Resources Protection Committee (
Preservation and Protection Committee (
4) CRMC Notices:
a) Revised Public Notices:
i) David G.
& Judith B. Enstone,
ii) Jean-Guy E. Schilling & Donna M. Schilling, POB 77 re: construction of a residential boating facility; located at Plat 4, Lot 123; 376 E. Shore Rd.
Station Newport Restoration Advisory Board Meeting minutes (
EXECUTIVE SESSION ANNOUNCEMENT
Council President Littman announced that there would be an executive session held later in the evening, pursuant to RIGL 42-46-5 (a) (2) potential litigation.
1) Pursuant to RIGL 42-46-5 (a) (2) Potential Litigation
Council President Littman opened the public hearing for the proposed amendments to the Jamestown Comprehensive Community Plan at .
1) Town of
a) Memorandum from Planning Commission Chair re: approval of changes to Town approved Comprehensive Community Plan based upon comments from RI Statewide Planning
The Town Planner reviewed the changes made to the Comprehensive Community Plan based upon comments made by Rhode Island Statewide Planning. Ms. Bryer also noted that the Planning Commission voted to approve those changes and submit them to the Council for their consideration.
Ms. Bryer stated that the Rhode Island Statewide Planning review encompassed three areas pursuant to the requirements of the Comprehensive Planning Act; those being, (1) inconsistencies with adopted State Guide Plan elements, (2) defects relative to completeness, internal consistency, and/or omission of plan components required by the Act or State Planning Council guidelines and (3) conflicts with the goals and policies of State agencies.
(1) Inconsistencies with State Guide Plan
As recommended by the State, the Comprehensive Community Plan now includes specific implementation items and timeframes demonstrating the Town’s commitment to addressing the housing affordability and choice issues.
(2) Defects relative to completeness
An introduction is included at the beginning of the Plan, which clearly states that this document is the Town’s Comprehensive Plan, and supercedes the 1991 Plan.
Goals and Policies element will be repositioned at the beginning of the Plan rather than listed under the various element headings.
There is added a Land Use Element describing the Town’s intent and standards for the usage and intensity of all categories of future land use identified on the Future Land Use Map.
(3) Conflicts with goals and policies
Plan now addresses strategies and includes specific
implementation plans to explore rental and home ownership opportunities in
Other areas amended to improve the accuracy,
readability and usability of the Plan were Land Use Element, Recreation/Open
Space Element and Circulation Element.
Another area of change includes the clear understanding that the
purchase of water from
There being no comments from the audience, Council President Littman invited comment from the Council.
Councilor Settipane suggested the inclusion of a table
indicating up-to-date housing costs in the Town of
The Town Planner reviewed the action and resources related to the Housing Action Plan.
Councilor Settipane requested additional information on the changes to the maps.
Ms. Bryer noted that the changes in the maps are corrections to errors caused when the maps were transferred to computer generated maps. These errors have now been corrected. Additionally, Ms. Bryer noted that the Zoning Map included in the Plan is the map in effect at the time of the adoption of the Plan.
There being no further comment, it was moved by Councilor Long, seconded by Councilor DiGiando to close the public hearing at . So unanimously voted.
Councilor Settipane requested that the Plan include updated
figures on the mean cost average of housing in
The Town Solicitor suggested having the Town Planner send a transmittal letter to the State with updated figures. The Town Planner indicated that the current figures will be in the Comprehensive Community Plan.
There was discussion regarding the designation of lot 47 on the Future Land Use Map. The Town Planner noted that lot 47 is under the public facility designation on the Future Land Use Map and that it is zoned RR-80 because the previous Town Council chose not put it into the public zoning designation. Our previous Solicitor told the Town that having lot 47 as public facility designation on the Land Use Map is not inconsistent as long as some public uses are permitted within that zone.
It was moved by Councilor DiGiando, seconded by Councilor Long to approve of the amendments to the Comprehensive Community Plan as presented by the Town Planner. So unanimously voted.
It was moved by Councilor DiGiando, seconded by Councilor Long to transmit the adopted changes to the Comprehensive Community Plan to the State. So unanimously voted.
1) Scheduled request to address
2) Non-scheduled request to address
Representative Long stated that the local Fire Marshall has received training in identifying conformance issues and has been working directly with businesses. Additionally, Representative Long stated that he hoped the state would make provisions to assist business owners to come into conformance.
Representative Long addressed the number of property owners in the Shores area that have applied for ISDS. Representative Long encouraged the Council to continue to address this issue.
The Town Solicitor noted that the Town’s High Groundwater Ordinance would protect those areas with poor drainage and high water tables.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administrator’s report (verbal)
The Town Administrator reported that the Council will be receiving the Water and Sewer budget and the Wastewater Management budget within the next few weeks.
It is expected that union negotiations will be finalized and presented to the Council in executive session on Wednesday.
The Town Administrator informed the Council that the Governor would be releasing his budget on Wednesday evening. Once the information is received the Town Administrator will forward it to the Council.
Councilor DiGiando inquired if
there has been any discussion between the State and the Administration
regarding the transportation of liquefied natural gas. The Town Administrator stated that she will
contact the proper officials and get a detailed plan for the transportation of
liquefied gas on the
2) Conservation Commission
a) Memorandum from Chair re: DPW Facility – Green Buildings
It was moved by Councilor Settipane, seconded by Councilor Long to accept the memorandum from the Conservation Commission and to refer it to the Town Administrator and Vollmer Associates. So unanimously voted.
b) Letter from Chair re: Reappointments
It was moved by Councilor DiGiando, seconded by Councilor Settipane to accept the letter from the Chair regarding appointments to the Conservation Commission. So unanimously voted.
vacancies exists; terms ending
• Steven Ryba
• Thomas Johnson
ii) Letter of Interest:
• Jennifer Stearns Talancy
It was moved by Councilor Long, seconded by Councilor Ferguson
to reappoint Steven Ryba and Thomas Johnson to the
Jamestown Conservation Commission for terms ending
3) Tree Preservation and Protection Committee
a) Letter from Committee Chair re: membership
The Town Solicitor noted that the Tree Warden is not a
resident of the Town of
It was moved by Councilor Settipane, seconded by Councilor Long to instruct the Town Solicitor to prepare an amendment to the Tree Preservation and Protection Ordinance to address the composition of the membership with the repositioning of the Tree Warden as an ex-officio member. So unanimously voted.
The Clerk was instructed to advertise and schedule a hearing
4) Memorandum from the Town Clerk re: additional items on the Financial Town Meeting Warrant
a) Proposed motion for an increase re: Jamestown Fire Department
The Town Solicitor informed the Council that the notice of proposed motion by members of the Fire Department is in compliance with Section 1106 of the Town Charter; whereby, the Town Clerk must be notified of any motion to increase the Town budget by $10,000.00 or more.
b) Town Administrator proposal re: transfer of funds from School unreserved fund balance
It was moved by Councilor Settipane, seconded by Councilor DiGiando to amend the Town budget to increase the transfer from the unreserved fund balance by $145,000.00 for a total of $320,000.00 and to reduce the general fund contribution to said budget by $145,000.00. So unanimously voted.
Catherine Kaiser, School Committee Chair, informed the
Council that the transfer has not yet been approved by the School
Committee. The School Committee will
5) Planning Commission
a) Proposed Zoning Ordinance amendments to Article 314 Protection of Critical Lands containing Freshwater Wetlands, High Ground Water Table and or Shallow Impervious Layer
The Town Planner noted that the changes that are being recommended would allow the ordinance to be implemented on an easier basis. Changes are being proposed to the definition of impervious layer and a change to the definition of seasonal high ground water table. In addition, there has been a chart indicating where test holes should be located and the criteria for those test holes. A paragraph has been added regarding the determination by the Zoning Official as to whether a particular lot is located in either sub-district “A” or sub-district “B”.
It was moved by Councilor Settipane, seconded by Councilor Long to order advertising for a public hearing to consider and amendment to the Zoning Ordinance entitled Protection of Critical Lands containing Freshwater Wetlands, High Ground Water Table and or Shallow Impervious Layer. So unanimously voted.
b) Downtown Parking Plan 2004 prepared by the Jamestown Planning Commission
The Town Planner informed the Council that following the implementation plan on page 35 of the report she will begin forwarding the Plan to the responsible departments for the implementation of their particular task.
It was the consensus of the Council to forward the 2004 Downtown Parking Plan to the Town Solicitor for review and incorporation of the recommendations for amendments to Section 1204 and 1205 of the Zoning Ordinance made by the Planning Commission into the existing ordinance for discussion at the March 8, 2004 Town Council meeting.
Solicitor opinion re: liability and
enforcement issues related to East Ferry (cont. from
The Town Solicitor stated that in addressing the problems associated with the use of the touch-and-go dock at East Ferry, the Council has the authority to adopt an ordinance whereby those touch-and-go docks are restricted to boat use. The Town Solicitor noted that this would only affect the touch-and-go docks and not the wood pile pier.
The Council discussed the conflicting uses of the
touch-and-go dock at East Ferry and the difficulty in accessing the dock. It was the consensus of the Council to
further discuss this issue at the next Town Council meeting on
2) Petition for
Abandonment of Street/Highway, pursuant to RIGL
from John A. Murphy, Esq., representing all abutters to a portion of
Attorney John Murphy, representing the abutters to the unbuilt portion of
The Town Solicitor informed the Council that it is Mr. Sollito’s opinion that the portion of
Councilor Settipane indicated that if the Council moves forwarded with the abandonment the concerns of the Town could be met by making any decision subject to an easement being placed on the property.
Councilor DiGiando asked if the following information could be made available for the night of the hearing:
• How the
abandonment of this portion of
• Whether or not the abandoning of this property sets a precedent for all other streets with the same dynamics
It was moved by Councilor Settipane, seconded by Council President Littman to order the advertisement for the petition of abandonment subject to the approval of the Town Solicitor. So unanimously voted.
b) Memorandum from the Town Clerk re: Petition for Abandonment of Street/Highway
No action taken.
3) DEM Fish
& Wildlife re: Research Vessel Facilities Plan (cont. from
a) Review of plan by Christopher Powell
b) Engineering firm cost to review plan from Town Administrator
c) Harbor Management Commission review
The Town Administrator informed the Council that the
Research Vessel Facilities Plan is being reviewed by the Harbor Management
Commission. It was the consensus of the
Council to continue discussion regarding the Research Vessel Facilities Plan to
Council President Littman called for a break at .
The Council returned from break at .
1) Letter from
the Mayor of Newport re: 48th Annual St. Patrick’s Day Parade;
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter regarding the 48th Annual St. Patrick’s Day Parade. So unanimously voted.
2) Letter from William Kelly re: appointment to the Planning Commission
It was moved by Councilor Long, seconded by Council President Littman to accept the communication from William Kelly. So unanimously voted.
1) Sunday Sales Licenses - renewals
a) Baker’s Pharmacy
b) Bay Voyage
c) Chopmist Charlies
d) Conanicut Store & Chandlery
e) Conanicut Yacht Club
g) East Ferry Deli & Market
h) Grapes & Gourmet
i) Hodgkiss Farm
j) House of Pizza
m) Jamestown Golf & Country Club aka: Caddy Shack
p) McQuade’s Laundromat
q) McQuade’s Supermarket
r) Ocean Essence Spa
s) Page’s Liquors
t) Portuguese American Citizens Club
w) Slice of Heaven
x) Spinnakers Café
y) Theatre Family Restaurant
z) Trattoria Simpatico
aa) Tricia’s Tropigrille
bb) Video Showcase
cc) Village Hearth Bakery
It was moved by Councilor Settipane, seconded by Councilor Long to grant the Sunday Sales License renewals for the applicants as listed above, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
2) Trash Collector’s License – renewals
a) BFI Waste of
It was moved by Council President Littman, seconded by Councilor Long to grant the Trash Collector’s License renewals for BFI Waste of Fall River/Allied Systems and Island Rubbish, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
3) Private Investigator’s License - renewals
a) Ronald Lewis
b) Malcolm Brown
It was moved by Councilor Settipane, seconded by Councilor Long to grant the Private Investigator’s License renewals for Ronald Lewis and Malcolm Brown, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
4) Peddler License – renewals
a) AB Munroe Dairy
b) Cove Grille
c) Freddie Bing’s Hotdog Thing
It was moved by Councilor DiGiando, seconded by Councilor Long to approve the Peddler License renewals for AB Munroe Dairy, Cove Grille and Freddie Bing’s Hotdog Thing, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
5) Letter from
Brenda Bennett & Joseph DeCubellis re: parking
problems at 40 &
It was moved by Councilor Long, seconded by Councilor Settipane to accept the communication from Brenda Bennett & Joseph DeCubellis and to refer it to the Town Administrator for a response. So unanimously voted.
from Verizon Communications and the Narragansett Electric Co. re: relocation of
one joint pole (P 15) and anchor guy located on
The Town Administrator requested that the Petition from
Verizon Communications and the Narragansett Electric Company for a relocation
of one joint pole and anchor guy on
7) Town Council Rules & Procedures – Town Solicitor opinion
It was moved by Councilor Settipane, seconded by Councilor Ferguson to table the Town Council Rules & Procedures. Following Council discussion, Councilor Ferguson withdrew her second.
There was Council discussion on whether new rules and procedures are needed or if the present one is adequate. Councilor DiGiando suggested reviewing the present rules and procedures prior to any further discussion.
It was moved by Councilor Long, seconded by Councilor DiGiando to continue discussion regarding Council Rules and
Procedures to the Council meeting on
SITTING AS THE BOARD OF WATER AND SEWER COMMISSIONERS:
1) Award of Bid
re: Pump Station Rehabilitation Project
a) Process Engineering in an amount not to exceed $1,704,287.00
The Town Administrator reported that the references for Process Engineering have been checked and found to be in order and recommended that the Council award the bid to Process Engineering.
Councilor Settipane stated that any time water and sewer business is being conducted at a Council meeting the agenda should indicate that it is a Town Council Meeting and a Board of Water and Sewer Commissioners Meeting.
It was moved by Councilor DiGiando, seconded by Councilor Long to approve the bid to Process Engineering in an amount not to exceed $1,704,287.00. So unanimously voted.
OPEN FORUM CONTINUED (if necessary)
The Town Administrator informed the Council that Water and
Sewer and Harbor fall under the corporation of the Town of
Councilor Settipane left the meeting at .
It was moved by Councilor Long, seconded by Council President Littman to adjourn into executive session at , pursuant to RIGL42-46-5 (a) (2) to discuss potential litigation. It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye. The motion passed with four in favor and Councilor Settipane recusing and leaving the meeting.
The Council returned from executive session at .
It was moved by Councilor Long, seconded by Council President Littman to instruct the Town Administrator to move forward with the contract as discussed in executive session. So voted with four in favor.
There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Ferguson to adjourn at . So voted with four in favor.
Arlene D. Petit