TOWN COUNCIL MEETING
Amended
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
1) Swearing in of Probationary Police Officer Jason A. Hopkins
Council President Littman administered the oath of office to Jason A. Hopkins as probationary police officer to the Jamestown Police Department.
2)
Swearing in of
Council President Littman administered the oath of office to Thomas P. Tighe as Interim Town Administrator, effective July 11, 2004 at 12:00 Noon.
3) Letter from Chief Thomas P. Tighe requesting appointment of Lt. William G. Donovan as Acting Chief of Police
a) Swearing in of Acting Chief of Police, William G. Donovan
It was moved by Councilor Settipane, seconded by Councilor to appoint William G. Donovan as Acting Chief of Police. So unanimously voted.
Council President Littman administered the oath of office to William G. Donovan as Acting Chief of Police, effective July 11, 2004 at 12:00 Noon.
COUNCIL SITTING AS ALCHOLIC LICENSING BOARD
All approvals for licenses
and permits are subject to the resolution of debts, taxes and appropriate
signatures as well as, when applicable, proof of insurance.
None
CONSENT
AGENDA
An item on the Consent Agenda need not be removed for simple clarification or correction of typographical errors. Approval of the Consent Agenda shall be equivalent to approval of each item as if it had been acted upon separately.
It was requested that item 1 (a) be
removed from the Consent Agenda. It was
moved by Councilor Long, seconded by Councilor Settipane to approve the Consent
Agenda as amended. So unanimously
voted. The Consent Agenda
consisted of the following:
1) Adoption of Council minutes:
a)
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
a)
b)
Zoning Board of Review (
c)
d)
Library Board of Trustees (
4) CRMC Notices:
a) Public
Notice re: RI DEM, Division of Planning & Development,
b) Cease
& Desist Order re: Paul & Sandra Edgerly for an unauthorized jet ski float at property located at Plat 8,
5) Abatements/Addenda of Taxes
*******************************
1) Adoption of Council minutes:
a)
Councilor DiGiando stated that the reason he voted in
opposition to a motion to table the item regarding the proposed legislation for
a transfer tax was so that there could be additional discussion. Councilor DiGiando requested that his remarks
be included in the
It was moved by Councilor DiGiando, seconded by Councilor
Long to approve the
EXECUTIVE
SESSION ANNOUNCEMENT
None
COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE
COMMENTS & REPORTS
1) Town Administrator’s Report (attached)
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Town
Administrator's Report
The following report is of items
of general interest to the Council. I will be pleased to provide any additional
clarification or information you require.
Recently I advertised for the
position of Deputy Public Works Director/Town Engineer. I am please to report
Michael Gray P.E. has accepted the position and will begin work on
Final preparations are being made
for the Tall Ships and the Parade of Sail. At the
As you all know tonight is my last
council meeting as the Town Administrator for
Words cannot express my
appreciation for the dedication and support I received from Matt, Arlene, Lisa,
Steve, Tina, Ken, Judy, Tom, Fred, Sue and their staff, and I want to publicly
thank them and wish them the best as they continue their efforts on everyone's
behalf.
-------------------------------------------------------
The Town Administrator presented her report to the Council.
As this was the last Town Council meeting for the Town Administrator, President Littman presented a proclamation honoring Maryanne Crawford for her dedicated service, hard work and commitment to the community.
It was moved by Councilor Settipane, seconded by Councilor Long to adopt the proclamation honoring Maryanne Crawford. So unanimously voted.
2) Conservation Commission
a) Memorandum from Chair re: Deer Management
It was moved by Councilor Settipane, seconded by Councilor Long to accept the memorandum from the Conservation Commission. So unanimously voted.
3) Town Clerk's Office
a) Memorandum re: Peddler policy
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the memorandum from the Town Clerk. So unanimously voted.
b)
Reminder re:
July meeting schedule –
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the reminder regarding the July meeting schedule. So unanimously voted.
4) Planning Department
a) Memorandum from the Town Planner re: Proposed Zoning Ordinance Amendments to Section 314 – High ground water table and impervious layer overlay district
The Town Planner informed the Council that the Planning Commission has proposed changes to Section 314 of the High Ground Water Table and Impervious Layer Overlay District in order to ensure proper septic system operation and provide adequate treatment; maintain safe groundwater for private wells; control the volume of storm water runoff through on-site infiltration to recharge groundwater supplies, promote natural pollutant removal processes, and dilute wastewater effluent and other contaminants entering groundwater; protect and restore wetland buffers and provide for the use of advanced treatment systems where necessary and provide for their adequate maintenance. Ms. Bryer also noted that these changes are consistent with the Comprehensive Community Plan and the Rhode Island Zoning Enabling Act.
The Council discussed the proposed amendments and the streamlining of the process by making the Planning Commission the permitting authority rather than the need for an applicant to appear before both the Planning Commission and the Zoning Board of Review. The Zoning Board of Review will hear appeals.
It was moved by Councilor Settipane, seconded by Councilor Long to instruct the Town Clerk to schedule the proposed amendment to the Zoning Ordinance relating to Section 314 – High ground water table and impervious layer overlay district. So unanimously voted.
PUBLIC HEARING
1)
Proposed street abandonment – undeveloped portion of
a) Memorandum from the Town Solicitor
President Littman resumed the hearing at
The Council discussed several options, as presented by the
Town Solicitor in his memorandum concerning the request of abutters to an
undeveloped portion of
The Council also discussed the possibility of selling the property to the abutters. Mention was made that the portion abutting William Straser’s lot was the only access that Mr. Straser has to his property.
The Council was in agreement that it was not their intention to develop that portion of property; however, there was some concern with the need for an easement for utilities or other limited use.
Mr. Murphy, attorney representing the abutters, informed the Council that his clients would be willing to pay a nominal price for the property. Additionally, Mr. Murphy indicated that his clients did not want to take the chance of the Town dedicating the land to open space, thus opening the possibility of some type of use. Mr. Murphy suggested that the Council set the conditions they want on the property and leave it to the Town Solicitor and the abutters counsel to work out the terms of the transfer.
It was moved by Councilor Settipane, seconded by Councilor Ferguson to abandon that portion of Columbia Avenue as advertised for consideration; that being, twenty-five feet (25’) in said highway’s width along the southern one-half (1/2) of the western boundary of Lot 141, and the entire western boundary of Lot 609; and the entire highway abutting Lots 663, 664, 703 and 772 with the reversion of that property to the Town. So unanimously voted.
The Council discussed what could be done with the property now that it was abandoned and reverted back to the Town. Some of the options discussed were:
The Council discussed continuing any determination on the disposition of the property to another meeting so that the Town Solicitor and Mr. Murphy could further discuss it.
The Council discussed the possibility of the Town Planner to
researching the status of paper streets in
It was moved by Council President Littman, seconded by
Councilor Long to put the determination of the status of the unbuilt portion of
It was the consensus of the Council to add the review of
undeveloped lots in
ORDINANCES AND RESOLUTIONS
1)
04-020R Proposed resolution re: LNG terminal in
It was moved by Councilor Settipane, seconded by Councilor
DiGiando to adopt Resolution 04-020 opposing the construction of the LNG
terminal in
a) Newport Resolution in opposition
No action taken.
COMMMUNICATIONS
AND PETITIONS
1) Letter from Mayor Edward M. Lambert,
Jr. of
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Mayor Lambert regarding the LNG facility. So unanimously voted.
2) Memorandum from Boards for Design Professionals re: RI General Laws 5-51-1 et seq (Landscape Architects)
It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the memorandum from Boards for Design Professionals. So unanimously voted.
3) Letter from the Providence Taxi Association re: inspections of taxis
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from the Providence Taxi Association. So unanimously voted.
4) Letter
from Cynthia Levesque re:
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the letter from Cynthia Levesque. So unanimously voted.
5) Letter from The Jamestown Humane Society re: deer hunt
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from the Jamestown Humane Society. So unanimously voted.
6)
Letter from John Heffernan and Sandra MacKenzie re:
drainage on
Council President Littman noted that Mr. Heffernan and Ms.
MacKenzie are granting an easement to the Town to lay pipe through their
property for the purpose of carrying water from
The Town Administrator reported that
Councilor DiGiando asked what effect this pipe installation would have on the ground water level in that area.
The Town Administrator stated that prior to any decision, the issue would be reviewed further by Town staff members.
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from John Heffernan and Sandra MacKenzie and forward the proposed grant of an easement concerning lot 372 at 262 Seaside Drive for drainage purposes to the Town Administrator and also to be reviewed by the Town Solicitor and Department of Public Works for their recommendations to the Council. So unanimously voted.
LICENSES & PERMITS
All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signatures as well as, when applicable, proof of insurance.
1) Peddler License Application
a) Jennifer Talancy request to set up a farm stand to sell vegetables at East Ferry and to waive the $1,000,000.00 insurance policy
i) Letter from Jennifer S. Talancy re: farm stand
Jennifer Talancy informed the Council that she would like to sell fresh vegetables at East Ferry. Ms. Talancy stated that if allowed, she would like to set up a 10’ x 10’x 8’ high white canopy to shade the stand.
Council members raised concern regarding the height of the canopy. The Council discussed the possibility of an umbrella stand rather than the canopy. Additionally it was noted that insurance could not be waived.
The Town Administrator suggested that Ms. Talancy may be able to purchase a TULIP through the InterLocal Trust.
It was moved by Councilor DiGiando, seconded by Councilor
Settipane to approve the Peddler License for Jennifer Talancy, subject to
proper signatures, fees and insurance, commencing on
It was moved by Councilor Settipane, seconded by Councilor Ferguson to amend the main motion by restricting a tent at the East Ferry location as applied and no canopy in excess of an umbrella type no larger than 6 feet in diameter. So unanimously voted.
The main motion as amended was unanimously voted.
2) One Day Entertainment License
a)
Robin Main requests to have a DJ at the Ft. Getty
Pavilion for an office summer outing on July 30th from
It was moved by Councilor Settipane, seconded by Councilor Long to approve the One Day Entertainment license for Robin Main for the event on July 30th, subject to the resolution of debt and appropriate signatures. So unanimously voted.
OPEN FORUM
1) Scheduled request to address
2) Non-scheduled request to address
Charlotte Zarlango,
Robert Dolan,
Robert Traut,
Jill Anderson,
The Council discussed the safety issue and that this was an emergency situation that should be dealt with as soon as possible.
The Town Solicitor informed the Council that if it is determined that an emergency exists, they can consider it outside the agenda on the basis that it affects the health, safety and welfare of its citizens and enact a resolution for the short term until it can be on the next Town Council agenda.
Joseph Tiexiera,
It was moved by Councilor Settipane, seconded by Councilor Long, pursuant to the Jamestown Town Council’s emergency powers in accordance with the furtherance of the health, safety and welfare, to adopt a resolution as follows:
RESOLVED: that swimming and diving is restricted from the floatation portion of the wood-pile pier; fishing is not restricted, but occupancy restrictions consistent with the safety of users of the floatation portion of the wood-pile pier shall be set by police and harbor officials, and
RESOLVED that fishing, diving and swimming is restricted from the new floatation dock at East Ferry (new “touch and go dock”), and be it further
RESOLVED that both locations be posted with notice in accordance with this resolution.
So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor Long to put the issue of the wood pile pier and the new floating dock with regards to East Ferry on the agenda for the July 12, 2004 Town Council meeting. So unanimously voted.
Representative Bruce Long gave an overview of legislation submitted to the General Assembly.
Council President Littman announced that there would be a
short break at
The Council returned at
Patricia Eannarino,
Varoujan Karentz,
Town Solicitor: noted that there is a notice from the
Federal Energy Regulatory Commission (FERC) regarding the proposed KeySpan LNG
facility upgrade project in
With there being a July 12 deadline for comments to FERC and no Council meetings prior to that deadline, it was moved by Councilor Settipane, seconded by Councilor DiGiando to refer this to the Town Administrator to write a letter expressing the Council’s concerns consistent with the resolution regarding the Fall River LNG facility. So unanimously voted.
It was the consensus of the Council to advance the discussion regarding the proposed real estate transfer tax on the agenda.
Unfinished Business
3) Proposed
legislation re: transfer tax
Councilor DiGiando stated that he requested that the proposed legislation relating to a real estate transfer tax be taken off the table and put on the agenda for further discussion, and although it would not be put on the General Assembly’s schedule before next year, he suggested that we take this time to have the proposed legislation reviewed by the Planning Commission, Conservation Commission, Water Resource Protection Committee, Affordable Housing Committee, Conanicut Island Land Trust, Chamber of Commerce and local realtors for their opinions on this issue. In addition, Councilor DiGiando requested that the Council forward a letter of appreciation to Senator Teresa Paiva-Weed, Representative Long and the legislative counsel for their efforts in drafting the proposed legislation.
The Council discussed the theory behind the proposed
legislation; that being, to provide funding for affordable housing and the
protection of open space. Although in
favor of the need for affordable housing in
The Town Planner noted that the Jamestown Affordable Housing Plan is expected to be presented to the Council for their review in August. Ms. Bryer stated that a transfer tax is one of the many strategy plans for funding mentioned in the plan.
It was moved by Councilor Settipane, seconded by Council President Littman to table the proposed real estate transfer tax legislation indefinitely. It was voted, Councilor DiGiando, nay; Councilor Ferguson, nay; Councilor Long, nay; Councilor Settipane, aye; Council President Littman, nay. The motion failed with one in favor and four opposed.
It was moved by Councilor DiGiando, seconded by Councilor Long to ask the Planning Commission, Conservation Commission, Water Resource Protection Committee, Affordable Housing, Conanicut Island Land Trust, local realtors and the Chamber of Commerce to review this proposed legislation and to forward their comments prior to a Council work session.
It was moved by Councilor Long, seconded by Councilor Ferguson to amend the main motion to incorporate options for funding as proposed by the Planning Commission in the Affordable Housing Plan for discussion at the work session. It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, nay; Council President Littman, aye. The motion passed with four in favor and one opposed.
The main motion as amended was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, nay; Council President Littman, aye. The motion passed with four in favor and one opposed.
Councilor Settipane requested that the record show he is in support of discussing other options for funding but is strongly opposed to the proposed real estate transfer tax.
APPOINTMENTS
AND RESIGNATIONS
1) Zoning Board of Review
a)
One (1) vacancy exists for an alternate member,
term ending
i) Letters of interest
· Richard C. Cribb
· Sav Rebecchi
· Dean J. Wagner
It was moved by Councilor DiGiando, seconded by
Councilor Long to appoint Dean J. Wagner as an alternate to the Zoning Board of
Review for a term expiring on
2)
a)
Three (3) vacancies exist, two regular members terms ending
i) Seeking reappointment
· Arek Galle
· Duncan Pendlebury (alternate)
ii) Letters of interest
· Valerie Molloy
It was moved by Councilor Long, seconded by Councilor
Settipane to reappoint Arek Galle to the Zoning Board of Review, Town
Buildings and Facilities Committee term ending
3) Tax Assessment Board of Review
a)
Two (2) vacancies exist, one regular member and one
alternate member, terms ending
i) Seeking reappointment
·
ii) Letter of interest
· Stuart L. Rice, Jr.
It was moved by Councilor Long, seconded by Councilor
Ferguson to reappoint Clifton Largess, Jr. to the Tax Assessment Board of
Review as a regular member, term ending
4) Ambulance Compensation Committee
a)
Three (3) vacancies exist, two citizen-at-large
representatives, one term ending
i) Seeking reappointment
· Betty R. Kinder (citizen-at-large for term ending 2007)
Councilor Settipane, as a member of the Ambulance
Association, recused himself from any discussion or vote regarding appointment
to the Ambulance Compensation Committee.
It was moved by Councilor Long, seconded by Councilor Ferguson to
reappoint Betty R. Kinder as the citizen-at-large, term ending
UNFINISHED BUSINESS
1) Town Charter
a) Change in election date
i) Letter of instructions to Town Clerk
ii) Proposed amendment (for approval and set date for hearing)
iii) Proposed question for General Election ballot (for approval by the Town Council)
It was moved by Councilor Settipane, seconded by Councilor Long to instruct the Town Solicitor in coordination with the Town Clerk to prepare and advertise the appropriate language for a change of the local election date to a November date and to address such other officers of the Town of Jamestown as part of that charter amendment and address the question of whether there should be a hold-over period for certain elected officials.
So unanimously voted.
b)
Board of Water and Sewer Commissioners (cont. from
i)
Chapter 12 of
Councilor Settipane stated that when the issue of a charter amendment was raised he thought it might be a good time to consider whether the Council would like to determine if the Board of Water and Sewer Commissioners should be made up of elected representatives from the user group with the Town Council establishing policy and regulations and sit as the appeals board; thereby giving a direct voice to those user groups.
Councilor Long stated that this might be the way to ensure continuity and longevity and allow for better planning for future needs.
Councilor DiGiando raised the question of who would be responsible for the financial needs and obligations of the board.
The Town Solicitor noted that the typical water district is an independent taxing entity, which is chartered by the State. Something that would need to be immediately considered is the reason why the Council and water and sewer were originally merged and what affect that has on the financing mechanisms that are now in place.
It was the consensus of the Council that the Town Solicitor provide information relating to the establishment of a Board of Water and Sewer Commissioners elected from the user group and this item be continued to the second meeting in September.
2)
Local questions for General Election on November ballot
(it is expected that any items under consideration will be listed on the
No action taken.
3) Proposed legislation re: transfer tax (per
Councilor DiGiando)
Previously addressed.
There being no objection, Council President Littman requested the item listed as New Business, petition of street abandonment be moved up on the agenda.
New
Business
2) Petition for street abandonment –
Kenneth
Bond, attorney representing Julie Lutyens, petitioner, informed the Council
that the paper road in question has been used for over twenty years as a
private driveway by Ms. Lutyens and serves no purpose to the Town of
Jamestown. Mr. Bond noted that the paper
street is located between
The Town
Administrator reported that the Town is attempting to keep as many of the
streets in that area open. Additionally,
the Town Administrator noted that
Mr. Bond stated that the petition is for only that 200‘ section of Linden Street that lies between Summit Street and what was formerly a paper road known as Prospect Avenue, this property does not abut Lot 60.
The Town Solicitor stated that it would first have to be determined if this is or ever was an accepted Town road. This may be a paper street where the people with the rights are abutters or people with an interest in passing over that street. If it is established that there is no Town interest in that property then it may then need to be determined in Court rather than by the Council. Mr. Harsch suggested that the Council could require that the applicant supply a title search for review when considering this type of petition.
It was the
consensus of the Council that the petition of Ms. Lutyens would be continued to
the Council meeting on
4) Peddler License application (cont. from
a) Request of Simon Baker dba: Mad Dawgs to operate a hotdog cart at Mackerel Cove
The Council discussed the necessity of limiting the number of peddler licenses for the Mackerel Cove beach. Presently Alfred Bingell has a peddler’s license at Mackerel Cove. The Council received a letter from Mr. Bingell indicating that he intends to use his license beginning in July 2004.
It was moved by Councilor Settipane, seconded by Councilor Ferguson to deny the request from Simon Baker for a peddler license at Mackerel Cove because issuance would exceed the number of licenses permitted there. So unanimously voted.
5) Controlled Deer Hunt (cont. from
a) Continued discussion
It was moved by Councilor Settipane, seconded by Councilor Long to authorize the Town Clerk to establish a work session in late July or early August. So unanimously voted.
6) Boards, Commissions & Committees
a) Procedure
i) Appointments
ii) Discharge of a committee
b) Definition of a resident
Councilor DiGiando suggested that committees should be reviewed to insure that each committee is meeting and filing minutes, has adequate membership and that all members are residents and qualified electors. Councilor DiGiando reviewed the information submitted from the Town Solicitor relating to the definition of a resident. In addition, Councilor DiGiando mentioned his concern that an appointment was recently made without an interview being conducted. This brought about questions by Councilor DiGiando regarding the interview process.
Councilor Settipane stated that he felt it was also important for the Town Council to establish the quorum for each committee. Councilor Settipane suggested that a quorum should be defined as a majority present of the membership established by the Town Council.
It was the
consensus of the Council to request that the Town Clerk provide information
regarding each committee for the Council’s review and to have that available
for the next Council meeting on
7)
Bicycle Path –
Councilor
DiGiando noted that the State will be providing funding for a bicycle path in
The Town Administrator
informed the Council that the Rhode Island Department of Transportation has put
out a Request for Proposals for feasibility study of the designated area
locations to be utilized as a bicycle/pedestrian path. The location being considered for the
Conanicut Island Greenway/Trail System in
8) Highway Barn Facility (per Council
President Littman)
Council President Littman requested that the Council hold a work session with John Hannigan from Vollmer Associates to discuss issues relating to the proposed new highway facility.
It was the consensus of the Council to hold the work session in July.
NEW BUSINESS
1) $6,200,000.00 Water Bond
a) Set date for work-session in August
It was the consensus of the Council to have the Town Clerk schedule a work session to discuss the $6,200,000.00 Water Bond in August 2004.
2)
Petition for street abandonment –
Previously discussed.
3)
a) Update from Town Solicitor
The Town Solicitor noted that the Jamestown Volunteer Fire Department Agreement was forwarded to John Murphy, counsel for the Fire Department, for review. Mr. Harsch stated that he has been informed that the Fire Department does not wish to pursue the agreement.
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication. So unanimously voted.
Councilor Settipane indicated that many of the provisions in the agreement are covered in Rhode Island General Law and he was concerned that this agreement treated the volunteer fire department as if they were another department of the Town.
The Town Solicitor advised that because the fire department has substantial funds dispersed to it there should be some kind of an agreement drawn up.
It was moved by
Councilor Long, seconded by Councilor Ferguson to continue the agreement to the
4) Roles and Responsibilities of Town Council Liaisons (per Councilor DiGiando)
Councilor DiGiando asked if it would be appropriate to have Council present reports on the different committees that they are liaisons to.
Councilor Long
stated that he believed this happens as a matter of course/.
There was no action taken.
5)
Letter from Verizon Communications and the Narragansett
Electric Company re: request to place three new joint poles and one anchor guy
on
It was
moved by Councilor Ferguson, seconded by Councilor Long to accept the request
to place three new joint poles and one anchor guy on
6) Town Administrator Search Committee
a) Set date for interviews - July 6th, 7th and/or 8th
The Council
discussed the development of a procedure for the Town Administrator Search
Committee. It was the consensus of the
Council to continue discussion relating to the expectations and procedure for
the Town Administrator Search Committee on the agenda for the
It was the
consensus of the Council to hold interviews for the Town Administrator Search
Committee on
There being
no further business before the Council, it was moved by Councilor Settipane,
seconded by Councilor Long to adjourn at
Attest:
Arlene D. Petit
Town Clerk
C: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation