TOWN COUNCIL MEETING
Jamestown Philomenian Library
26 North Road
Monday, March 8, 2004
A regular meeting of the Jamestown Town Council was called
to order at the Jamestown Philomenian Library, 26 North Road at 7:08 PM by
Council President Kenneth Littman. The
following members were present:
David J. Long, Vice President
Claire Ferguson
Julio DiGiando
Guy Settipane
Also present were:
Maryanne Crawford, CPA, Town Administrator
Kimberly A. Turcone, Deputy Town Clerk
J. William W. Harsh, Town Solicitor
Lisa Bryer, Town Planner
Representative Bruce Long
Daniel Lilly, Harbor Management Commission
Victor Calabretta, PE, Consultant
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Resolution
#04-001R: Fair Housing Month
A motion was made by Councilor Settipane and seconded by
Councilor Long to approve Resolution #04-001R, declaring April as Fair Housing
Month as stated below and to send the resolution to other municipalities. So unanimously voted.
No. 04-001R
RESOLUTION
RESOLVED: That it be
known to all persons of the Town of Jamestown that discrimination in the sale,
rental, leasing, financing of housing or land to be used for construction of
housing, or in the provision of brokerage services because of race, color,
religion or national origin is prohibited by Title VIII of the 1965 Civil
Rights Act (Federal Fair Housing Law).
It is the policy of the Town of Jamestown to implement programs to
ensure equal opportunity in housing for all persons regardless of race, color, religion,
sex, or national origin, and be it further
RESOLVED: That within
available resources the Town of Jamestown will assist all persons who feel they
have been discriminated against because of race, color, religion, sex, or
national origin to seek equity under federal and state laws by filing a
complaint with the Rhode Island Civil Commission Regional Office Compliance
Division, and be it further
RESOLVED: That the
Town of Jamestown shall make this Resolution part of its record and through
this shall cause owners of real estate, developers and builders to become aware
of their respective responsibilities and rights under the Federal Fair Housing
Law and any applicable state or local laws or ordinances, and be it further
RESOLVED: That said
program will at a minimum include, but not be limited to: (1) the printing and
publicizing of this policy and other applicable fair housing information
through local media and community contacts, (2) distribution of posters, flyers
and any other means which will bring to the attention of those affected, the
knowledge of their respective responsibilities and rights concerning equal
opportunity in housing, and (3) information for this program shall be provided
by the Community Housing Resource Board/Housing Hot Line, and be it further
RESOLVED: That the
Town of Jamestown shall contribute the sum of One Hundred ($100.00) dollars to
the Community Housing Resource Board/Housing Hot Line to carry out this program
and the funds shall be paid from the Community Development Block Grant program,
now therefore
LET IT HEREBY BE RESOLVED that the Town Council of the Town
of Jamestown does hereby proclaim the month of April as FAIR HOUSING MONTH.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
1) Adoption of
Council minutes:
a) 02/23/2004
Regular Meeting
2) Bills and
Payroll
3) Minutes from
Boards, Commissions and Committees:
a) Zoning Board
of Review (01/27/2004)
b) Fire/Rescue
Abatement (02/13/2004)
c) Library
Board of Trustees (01/20/2004)
d) Jamestown
Housing Authority (01/14/2004)
e) Planning
Commission (02/04/2004)
f) Affordable
Housing Committee (12/08/2003)
g) Water
Resources Protection Committee (02/09/2004)
4) CRMC
Notices:
a) March 2004
Calendar
b)
c) Public
Notice: Joseph Maraia, 19 Seaside Dr., Jamestown; re: modifications of existing
residential dock located at Plat 14 Lot 17; said location
5) RIDEM Notice
a) Permit to
Alter Freshwater Wetlands: Andrea Colognese & Doriana Carella, 2 Watson
Avenue, Jamestown re: Plat 16 Lot 351; Gondola Avenue
b) James H.
Adams, 68 Clinton St., Newport; re: Insignificant Alteration Permit for Plat 9
Lot 572; intersection of High St. and Green Ln.
6) Letter from
Senator Paul W. Fogarty re: Senate Bill 2004S-2117 An Act Relating to Education
7)
8) Zoning Board
of Review abutter notification re: appeal of Kenneth &
Linda Vario, pursuant to Article 5 Section 503, and other
law cited in the appeal pleadings contesting the issuance of a building permit
and the failure to revoke the permit and issue notices to Owen C. Long/Longvue
Enterprises, for a property located at 56 Ocean Avenue, and further identified
as Tax Assessor’s Plat 8, Lot 34
A motion was made by Councilor Settipane and seconded by
Councilor Long to approve the consent agenda as submitted. So unanimously voted.
4) CRMC
Notices:
b) Letter of
Authorization re: Ft. Wetherill Research Vessel Facility
Councilor DiGiando questioned why the Town has received
notice on this issue and was under the understanding that the Town was still up
in the air on the situation. The Town
Administrator stated that the Town is close to resolving the matter and that
she would look into the notice.
Councilor Settipane stated that the notice was temporary and good for 90 days only.
A motion was made by Councilor DiGiando and seconded by
Councilor Long to accept item #4 (b). So
unanimously voted.
7) Notice from
Coalition for Responsible Siting of LNG Facilities
Council President Littman stated that there are several
sites that are being considered for a LNG (Liquefied Natural Gas) facility in
the east passage of Narragansett Bay.
Fall River is the closest site to Jamestown that is being
considered. Town Administrator stated
that Deputy Fire Chief Froberg has attended meetings regarding this issue. She added that she would give the Council
more information and place this item on the agenda for the next meeting.
A motion was made by Council President Littman and seconded
by Councilor Ferguson to accept item #7.
So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
1) Pursuant to
RIGL 42-46-5 (a) (5) Real Estate (acquisition of property) (per Town
Administrator)
Council President Littman announced there would be an
Executive Session at the end of the Council meeting in regards to real estate.
PUBLIC HEARING
1) Proposed
Amendment to Section 22-116, Entitled “Tree Committee” (duly advertised on
02/26/2004)
Council President Littman opened the hearing at 7:21 PM and
with no addition comment from either the Council or the public audience, the
hearing was closed at 7:23 PM.
A motion was made by Councilor Settipane and seconded by
Councilor Long to adopt Section 22-166, entitled “Tree Committee”. So unanimously voted.
OPEN FORUM
1) Scheduled
request to address - None
2) Non-scheduled
request to address
Ellicott Wright, Highland Drive, discussed several issues with
the Town Council. He requested that the
Council work to devise a plan for any new Council members coming into the
budget process directly after being elected.
He added that it would help if the new Council had an outline to
follow. He then discussed accessory
housing and that the Council should look into opening the issue up again.
Council President Littman stated that Bill Murphy had
brought the issue up to the Council several years ago. Bill Murphy, being present in the audience,
stated that if the Council desires, he would bring the issue to the Council
again via the Affordable Housing Committee.
Bill Murphy, Hamilton Avenue, also submitted a letter to the
Council for their review in regards to the Ambulance Association.
Representative Bruce Long updated the Council on proposed
legislation and issues outlined below:
• Deputy Fire
Chief Froberg and he are in the process of supporting a Volunteer Fire
Department Bill that will enable firefighters to be recruited and retained
during daytime working hours;
• Quonset/Davisville
Development Corporation will be contacting the Town to nominate a member to the
Committee. This member will be a voting
member;
• In regards
to the old Jamestown Bridge, he supports the demolition of the bridge but
supports a fishing pier;
• He and
Senator Piva-Weed continue to work with the DOT on moving the water line;
• In regards
to the LNG facility (discussed in the consent agenda item #7), he is working on
setting up a meeting concerning the impact on the east passage of Narragansett
Bay.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town
Administrator’s report (attached)
******************************
Town Administrator's Report
March 8, 2004
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.
For your information I have attached a recent article that
appeared in the Providence Journal regarding the demolition of the old
Jamestown Bridge. As you can see, the issue of converting the old bridge to a
bicycle path keeps being raised. A few years ago, then RIDOT Director William
Ankner, hosted a workshop at the Melrose Avenue School to discuss this issue
with the residents of Jamestown. The clear consensus of the residents was that
the old bridge be demolished and not converted to a bike path. Soon after this
meeting the Council also directed me to write to Mr. Ankner, reiterating
Jamestown's desire to have the bridge demolished, (see attached letters).
In light of the recent events, I would recommend the Council
again re-affirm its decision regarding the old Jamestown Bridge. Also, there is
a meeting scheduled for March 11, 2004 at the State Wide Planning Commission. I
will be out of Town and cannot attend the meeting. I will ask a department head
to attend, to convey to Statewide Planning the Town's desire regarding the
bridge.
This summer, the Tall Ships will be visiting Rhode Island
from July 14 through July 29. Based upon information we have to date, it is
anticipated that fifteen Class A ships and a number of smaller Class B & C
ships will participate in the event. The Parade of Sail is scheduled to take
place on July 15, 2004 from 1:00pm to 5:00pm. The parade route will be from the
tip of Brenton Reef up the East Passage to Quonset Point, where the Class A
ships will be anchored until they leave Rhode Island in late July. As you know
Jamestown offers the best viewing locations for the parade. The last time the
Tall Ships visited was in late June/early July 2000 and the number of ships was
much smaller.
During the Parade of Sail in 2000, the Town had
approximately 20,000 to 25,000 visitors. Chief Tighe and I will be meeting with
organizers of this event this week. Since the specifics regarding this event
are still being planned (the event was not scheduled until Boston backed out of
the event due to budget and space limitations surrounding the Democratic
National Convention) the Town did not budget any funds to cover costs relating
to police personnel, trash removal etc. I did received a call from Chamber of
Commerce President Michael Swistak informing me the Chamber is ready to help
the Town with the cost of Port-A- Johns and trash pick-up. As we have
experienced in the past, the Tall Ships visit and Parade of Sail is a family
oriented event. With proper planning, I am sure the Town of Jamestown and its
businesses will welcome visitors and make this a memorable occasion for all
those who attend. As plans are finalized, I will forward them to the Council and
I look forward to working with our business community to maximize their
potential gains from such a draw.
On February 11, 2004 the Town met with RIDEM, GZA, and the
North End residents to discuss the Site Investigation Report for the former
landfill. For your information I have attached GZA's response to RIDEM.
At the meeting it was brought to the Town's attention that
the Land Trust might be willing to allow GZA to test the wells located on the
Trust's property adjacent to the landfill. I have sent a letter to the Land
Trust requesting
access to their property to test the wells.
***********************************************
a) Jamestown
Bridge
i) Reaffirmation
of Council’s recommendation to demolish bridge
A motion was made by Councilor DiGiando and seconded by
Councilor Settipane for the Town Administrator to send a letter to DOT
reconfirming the Town’s opinion on demolishing the old Jamestown bridge. So unanimously voted.
Council President Littman asked the Town Administrator to
stress the importance of the water line.
Council President Littman asked the Town Administrator as to
when the Recreation Department would be moving into the golf course
building. The Town Administrator stated
it would be in approximately two weeks.
2) Town Clerk's
Office
a) Memorandum
re: Proposed Amendment to Chapter 66 Taxation and Finance
A motion was made by Council President Littman and seconded
by Councilor Settipane to order advertising for a hearing on March 22, 2004 to
adopt the amended changes to Chapter 66; Taxation and Finance. So unanimously voted.
3) Coastal
Resource Management Council
a) One (1)
vacancy exists for an alternate representative on the subcommittee for CRMC,
term ending 05/31/2005; duly advertised and interviews complete. If favorable reappoint:
• Emmet
Turley
A motion was made by Councilor DiGiando and seconded by
Councilor Settipane to reappoint Emmet Turly to represent the subcommittee for
CRMC, term ending on May 31, 2005. So
unanimously voted.
4) Fire
Department Compensation Committee
a) One (1)
vacancy exists for a member not part of the Jamestown Volunteer Fire
Department, term ending 5/31/2006; duly advertised and interviews complete, if
favorable appoint:
• Daniel
Shapiro
A motion was made by Councilor Long and seconded by Councilor
Ferguson to appoint Daniel Shapiro to the Fire Department Compensation
Committee, term ending on May 31, 2006.
So unanimously voted.
5) Tree
Preservation and Protection Committee
a) Letter from
Chair re: compliance with Town Ordinance
b) Letter from Chair re: reappointments
c) Three (3)
vacancies exists, terms ending 12/31/2006; duly advertised and interviews
complete. If favorable:
i) Seeking
Reappointment:
• J. Robert
Dolan
• Carolyn
Armington
• Matthew
Largess
ii) Letters of
Interest:
• Judith
DiBello
• Jennifer
Stearns Talancy
A motion was made by Council President Littman and seconded
by Councilor Long to reappoint J. Robert Dolan, Carolyn Armington & Matthew
Largess to the Tree Preservation and Protection Committee, terms ending on
December 31, 2006. So unanimously voted.
6) Town
Buildings and Facilities Committee
a) One (1)
vacancy exists, term ending 05/31/2006; duly advertised and interviews
complete. If favorable:
i) Seeking
Reappointment:
• Daniel J.
Capuano, Jr.
ii) Letters of
Interest:
• Valerie
Molloy
A motion was made by Councilor Settipane and seconded by
Councilors DiGiando and Long to reappoint Daniel J. Capuano, Jr. to the Town
Buildings and Facilities Committee, term ending on May 31, 2006. So unanimously voted.
UNFINISHED BUSINESS
1) Public
Access and Maintenance to Rights-of-Way (cont. from 02/09/2004)
a) Report and
recommendation from Town Administrator
The Town Administrator stated that she had submitted a draft
guideline for maintenance of the island’s parks and recreation areas. Councilor Settipane stated that a short
work-session should be considered to hear public input regarding the
issue.
Don Forest, Summit Avenue, stated that he agreed with
Councilor Settipane and stated his issues in regards to Park Dock, as he had
discussed at previous Council meetings.
Councilor DiGiando requested copies of past and present Town
Solicitor’s determinations regarding this matter and to have this information
readily available for the work-session.
Town Solicitor Harsh stated that he would give an opinion on CRMC’s
jurisdiction over town owned rights-of-way.
It was the consensus of the Council that the Town Clerk check to see
when the conference room at library is available in late April to hold a
work-session regarding this matter.
2) Proposed
Amendments to Section 1204 & 1205 of the Zoning Ordinance relating to
parking (cont. from 02/23/2004)
The Town Planner reviewed the information she supplied the
Council. The Council charged the
Planning Commission to address the Chambers concerns in regard to parking in
the downtown area. The Planning
Commission recommended two changes to the Zoning Ordinance:
Article 12, Section 1204 new section J:
Lots in the Commercial Downtown District: On-street parking
located directly in front of a lot on which a business use operates may be
counted towards fulfilling the off-street parking space requirements of that
use.
Article 12, Section 1205 B – Shared Parking (amend as
follows):
Shared parking permits an applicant who cannot meet parking
requirements on-site to share existing parking spaces nearby which are in use
at distinctly different times from those required by the applicant. Shared parking shall be allowed only by a
Special Use Permit granted by the Zoning Board, and shall be subject to the
following requirements.
B. The location of the proposed use and
parking is in either CD or CL districts and within 200 1000 feet of the
existing parking area proposed use for which shared parking is proposed;
The Town Administrator suggested that she and the Town
Planner take care of any administrative duties and create an outline of what
the Council will need to do to take the next step towards the downtown parking
issue.
A motion was made by Councilor Settipane and seconded by
Councilor Long to advertise the proposed amendments to Article 12, Section 1204
and 1205 of the Zoning Ordinance and for the Town Clerk to pick the hearing
date. So unanimously voted.
3) Touch &
Go Dock at East Ferry (cont. from 02/23/2004)
a) Continued
discussion on usage
The Town Administrator stated that she has received an
opinion from Town Solicitor Parks suggesting that the Town prohibit fishing off
the wood-pile pier at East Ferry.
Dan Lilly requested that the Council hold off on any
decision until the Harbor Management Commission meets to discuss the Town
Solicitor’s opinion and the CRMC assent.
Councilor Settipane requested that the Council also take
into consideration the opinion of former Town Solicitor Douglas DeSimone and
any other solicitor’s opinions. It was
the consensus of the Council to continue this matter until March 22, 2004.
4) DEM Fishing
& Wildlife (cont. from 02/23/2004)
a) Research
Vessel Facilities Plan
The Town Administrator updated the Council concerning the
status of the proposed plan. Victor
Calabretta, PE, consultant for the town, stated that the facility can currently
accommodate the 50 foot boat. He also
stated that DEM has applied and received the bulkhead permits. The abutters will be notified when the
permits are filed for the other proposed boats that DEM would like docked in
the area. He added that DEM does not
have a marina perimeter or floating dock permit yet. Councilor Settipane inquired about public
access. Mr. Calabretta stated that he
would look into it.
It was the consensus of the Council to continue this issue
at the April 12, 2004 meeting and wait to hear from the Town Administrator and
consultant Victor Calabretta, PE for more information.
5) Petition
from Verizon Communications & Narragansett Electric Co. (cont. from
02/23/2004)
a) Relocation
of one joint pole (P15) and anchor guy on Southwest Avenue and Spring Street
A motion was made by Councilor Settipane and seconded by
Councilor Long to grant request of Verizon Communications and the Narragansett
Electric Company to relocate one joint pole (P15) and anchor guy on Southwest
Avenue and Spring Street with review by Town Administrator and Town
Solicitor. So unanimously voted.
6) Town Council
Rules & Procedures (cont. from 02/23/2004)
The Town Solicitor stated that the Town Council Rules and
Procedures were last updated in 1991.
Councilor Settipane expressed his concern regarding the
restriction of the proposed rules that overall limit the Council and inquired
who asked that the Council take this issue under advisement for any
changes. Town Solicitor Harsh stated
that when he took the appointment as Town Solicitor, he received a list of
items that the Council wanted reviewed and this item was part of it. He explained that the drafting of Rules and
Procedures for the Council is only a process, no more or less. It is the public’s right to address the
Council and the rules just provide a model to follow.
Councilor Long stated that he would like to continue
discussion on this matter and added that the Council meetings should start on
time and that Open Forum, when lengthy, be continued to the end of the meeting,
as the agenda allows.
The Town Solicitor stated that this issue has been brought
up often in the past and has been on his list for months. He added that he finally had time to put the
rules and procedures together and produce a model for the Council to review.
Councilor Settipane stressed his concern of being bogged
down by red tape by adopting the Town Solicitor’s daft. He added that the Council should not be as
restrictive as the proposed Rules and Procedures are. He stated that this Council nor the Councils
of the past have ever had a problem in regards to how the meetings are run.
It was the consensus of the Council to continue this discussion
to the April 12, 2004 meeting.
(7) Noise
Ordinance
a) Set date for
work-session with consultant Bennett Brooks (per Town Administrator)
It was the consensus of the Council to have the Town Clerk
set up a work-session at library anytime in April.
COMMUNICATIONS
None
NEW BUSINESS
1) Sunday Sales
Licenses - renewals
a) Cumberland
Farms
b) Atlantic
Landscaping
c) Paws &
Claws
d) Conanicut
Island Art Association
e) R&R
Gallery
f) Jamestown
Oyster Bar
g) Debs Beads
h) Narragansett
Café
i) Peking
Garden
A motion was made by Councilor Settipane and seconded by
Councilor Long to approve the Sunday Sales renewal application for Cumberland
Farms, Paws & Claws, Conanicut Island Art Association, R&R Gallery,
Jamestown Oyster Bar, Debs Beads, Narragansett Café and Peking Garden, subject
to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
A motion was made by Council President Littman and seconded
by Councilor Long to approve the Sunday Sales renewal application of Atlantic
Landscaping, subject to the resolution of debts, taxes and appropriate
signatures. So voted: 4-0; Councilor
DiGiando abstaining.
The Town Solicitor stated that Cumberland Farms will need to
have a Rhode Island Agent listed on the application before granting the
license.
2) Long-Range
Budget Planning (per Councilor DiGiando)
Councilor DiGiando stated that he would like to work towards
long-range planning to help with future budgeting. He also expressed that he would like the
School Committee to work on this issue as well.
It was the consensus of the Council for Councilor DiGiando and the Town
Administrator to work towards the next step.
Councilor Settipane requested that the Town Administrator check into the
RI League of Cities & Towns in regards to health insurance coverage costs.
3) Liquefied
Natural Gas Facility
a) Narragansett
Bay Transportation (per Council President Littman)
Council President Littman stated that this item had already
been discussed during the Consent agenda portion of the meeting.
4) SEIU
Contract
The Town Administrator requested that the SEIU contract be
ratified and approved as presented by the Council.
A motion was made by Councilor DiGiando and seconded by
Councilor Ferguson to approve and ratify the SEIU contract as presented. So unanimously voted.
OTHER COMMUNICATIONS
None
OPEN FORUM CONTINUED (if necessary)
None
A motion was made by Councilor Long and seconded by
Councilor Ferguson to close the meeting at 9:55 PM and enter into Executive
Session, so voted; Council President Littman – aye, Councilor Long - aye,
Councilor DiGiando – aye, Councilor Ferguson – aye, Councilor Settipane – aye.
EXECUTIVE SESSION
1) Pursuant to
RIGL 42-46-5 (a) (5) Real Estate (acquisition of property) (per Town
Administrator)
A motion was made by Councilor Settipane and seconded by
Councilor Long to seal the minutes of Executive Session. Council President Littman – aye, Councilor
Long – aye, Councilor DiGiando – aye,
Councilor Ferguson – aye, Councilor Settipane – aye.
A motion was made by Councilor Long and seconded by
Councilor Ferguson to end Executive Session and return to Council business at
10:25 PM. So unanimously voted.
A motion was made by Councilor Settipane and seconded by
Council President Littman to take action on the properties discussed in
Executive Session for acquisition.
Council President Littman – aye, Councilor Long – aye, Councilor DiGiando – aye, Councilor
Ferguson – aye, Councilor Settipane – aye.
A motion was made by Council President Littman and seconded
by Councilor DiGiando to adjourn the meeting at 10:28 PM. So unanimously voted.
Attest:
Kimberly A. Turcone