TOWN COUNCIL MEETING

 June 28, 2004

Amended 07/12/2004

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:06 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

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 Interim Town Administrator, Thomas P. Tighe

 

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)         Town Buildings and Facilities Committee (11/12/2003, 12/17/2003, 01/28/2004, 02/12/2004, 03/10/2004, 03/24/2004)

b)                  Zoning Board of Review (05/25/2004)

c)                  Jamestown Housing Authority (05/12/2004, 06/02/2004)

d)                  Library Board of Trustees (05/18/2004)

4)         CRMC Notices:

a)         Public Notice re: RI DEM, Division of Planning & Development, Providence; to construct and maintain: define/establish a marina perimeter limit, install float(s) and maintain five research vessels; located at Fort Wetherill Marine Base

b)         Cease & Desist Order re: Paul & Sandra Edgerly for an unauthorized jet ski float at property located at Plat 8, Lot 645, 90 Bay View Drive 

5)                  Abatements/Addenda of Taxes

 

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

1)         Adoption of Council minutes:

a)         06/14/2004 meeting

 

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 June 14, 2004 Town Council minutes. 

 

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the June 14, 2004 Town Council minutes as amended.  So unanimously voted.

 

                                  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

 

June 28, 2004

 

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 June 28, 2004. Mr. Gray majored in Civil Engineering and has extensive experience in the field working with the State of Rhode Island. He also worked with RIDEM for a short period of time.

 

Final preparations are being made for the Tall Ships and the Parade of Sail. At the July 12, 2004 Council meeting, we will include actions for Council consideration including possible water bans and parking bans. As I have previously stated in the past this is traditionally a family oriented event and we do not anticipate any problems other than crowds. Our business community should do well during this event.

 

As you all know tonight is my last council meeting as the Town Administrator for Jamestown. During my tenure I was fortunate to have the support and dedication of a very capable staff. The Town is fortunate to have department heads that are always willing to go the extra mile. I cannot begin to count the number of times I received a call or email from a department head asking if they could assist during time consuming budget cycles, severe winter storms, the "BIG RED BOAT", even at midnight with staff wearing protective gloves up to our shoulders in 100 degree heat, testing water and adding the right mix of chemicals at the treatment plant they were there to help. The unbiased support and genuine concern for the Town and its citizens is remarkable.

 

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 – Melrose Avenue School

 

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 Columbia Avenue (cont from 06/14/2004) – public comment closed on 05/24/2004

a)                  Memorandum from the Town Solicitor

 

President Littman resumed the hearing at 7:30 PM.

 

The Council discussed several options, as presented by the Town Solicitor in his memorandum concerning the request of abutters to an undeveloped portion of Columbia Avenue.  Several of those options discussed were:

  • Easement, which is a method to retain rights in property of others
  • Negative Easement would assure the owner a particular use of the land subject to the easement
  • Restriction would put a limitation or provision on the property through a deed, declaration or other instrument
  • Dedication would allow for the devotion of the property to a public use such as for use as open space

 

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: 

  • retain ownership
  • record restrictions
  • transfer ownership to the abutters
  • transfer with restrictions

 

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 Jamestown.

 

It was moved by Council President Littman, seconded by Councilor Long to put the determination of the status of the unbuilt portion of Columbia Avenue on the July 12, 2004 Council agenda as new business.   So unanimously voted.

 

It was the consensus of the Council to add the review of undeveloped lots in Jamestown for policy and procedure discussion.

 

                                       ORDINANCES AND RESOLUTIONS

 

1)                  04-020R Proposed resolution re: LNG terminal in Fall River, MA

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to adopt Resolution 04-020 opposing the construction of the LNG terminal in Fall River, MA.  So unanimously voted.

 

a)                  Newport Resolution in opposition

 

No action taken.

 

COMMMUNICATIONS AND PETITIONS

 

1)         Letter from Mayor Edward M. Lambert, Jr. of Fall River re: LNG facility with attached resolutions from surrounding areas

 

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: Ft. Getty

 

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 Port Avenue

 

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 Port Avenue downhill to a catch basin along Seaside Drive. 

 

The Town Administrator reported that Port Avenue was recently paved and has had some problems with drainage.  The Town Administrator requested that she be allowed to review the easement with Town officials and the Town Solicitor to work out any details with the property owner. 

 

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 July 1, 2004 and concluding no later than October 31, 2004.

 

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 5:00 – 10:00 PM

 

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, Seaside Drive, thanked the Planning Commission and Lisa Bryer for their work on the High Ground Water Table Ordinance.  Ms. Zarlango expressed great concern over the small lots in the Jamestown Shores that are being built on, noting that wells are losing water and the potential for land values decreasing because of the lack of water.  Ms. Zarlango requested that the Council consider the health and safety of the Jamestown Shores.

 

Robert Dolan, Coronado Street, suggested that the Council set up a real estate committee to review parcels owned by the Town to determine if those parcels should be sold and put on the tax rolls and to reduce maintenance costs of those parcels.

 

Robert Traut, Lawn Avenue, requested that the Council post signage at the end of Hamilton Avenue to Walcott Avenue.  Mr. Traut stated that this is a very dangerous intersection. 

 

Jill Anderson, West Reach Drive expressed her concerns relating to children swimming and diving off the new floating pier at East Ferry, stating that she feared for the safety of those children because approaching boats could not see them.  Additionally, Ms. Anderson noted that the fishing pier is overcrowded with people, leading to a very dangerous situation.  Ms. Anderson stated that presently, there is no ordinance regulating the use of those piers.

 

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, Brook Street encouraged the Council not to make any decision that would take fishing away from Jamestown children.

 

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 9:10 PM.

 

The Council returned at 9:20 PM.

 

Patricia Eannarino, East Shore Road, stated that the people interested in the issue regarding the real estate transfer tax are not present this evening because the item was tabled at the last meeting.

 

Varoujan Karentz, Clarke Village Lane, suggested that if the Council is going to consider a real estate transfer tax, dialog must be opened up so that the effects can be properly evaluated. 

 

Town Solicitor: noted that there is a notice from the Federal Energy Regulatory Commission (FERC) regarding the proposed KeySpan LNG facility upgrade project in Providence, which was just received by the Town Administrator.  Mr. Harsch stated that the concerns expressed by the Council relating to the location of an LNG facility in Fall River are much the same as with the Providence facility. 

 

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 Jamestown and the protection of open space, there was concern expressed regarding imposing the burden on the sellers or buyers of Jamestown property.  

 

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 12/31/2004.  Duly advertised and interviews complete; if favorable appoint:

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 December 31, 2004.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, nay; Council President Littman, nay.  The motion passed with three in favor and two opposed.

 

2)                  Town Buildings and Facilities Committee

a)                  Three (3) vacancies exist, two regular members terms ending 05/31/2007 and one alternate member term ending 05/31/2005.  Duly advertised and interviews complete; if favorable appoint:

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 May 31, 2007; to appoint Duncan Pendlebury as a regular member, term ending May 31, 2007 and to appoint Valerie Molloy as an alternate member, term ending May 31, 2005.  So unanimously voted.

 

3)                  Tax Assessment Board of Review

a)                  Two (2) vacancies exist, one regular member and one alternate member, terms ending 05/31/2007.  Duly advertised and interviews complete; if favorable appoint:

i)          Seeking reappointment

·        Clifton R. Largess, Jr.

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 May 31, 2007 and Stuart Rice, Jr. as the alternate, term ending May 31, 2007.  So unanimously voted.

 

4)                  Ambulance Compensation Committee

a)                  Three (3) vacancies exist, two citizen-at-large representatives, one term ending 05/31/2006 and one 05/31/2007 and one ambulance association member, terms ending 05/31/2007.  Duly advertised and interviews complete (three previous advertisements - readvertised on 7/1/2004); if favorable appoint:

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 05/31/2007.  It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with four in favor and one recusal.

 

                                                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 6/14/2004)

i)                    Chapter 12 of Rhode Island Public Laws

 

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 July 12, 2004 Council agenda for discussion and/or approval)

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 – Linden Street, between Plat 1 Lots 34 & 38

 

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 28 Summit Avenue and 40 Summit Avenue.  The portion that Ms. Lutyens is requesting that the Town abandon runs easterly from the intersection of Summit Avenue intersecting with a paper street acquired by Mr. Dutton through adverse possession. 

 

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 Linden Street abuts Lot 60, which was recently acquired by the Town.  The Town Administrator recommended that the Town Council not consider this petition of abandonment. 

 

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 July 12, 2004 for some additional information from Mr. Bond. 

 

4)         Peddler License application (cont. from 06/14/2004)

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 06/21/2004)

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 July 12, 2004.

 

7)                  Bicycle Path – Jamestown route (cont. from 06/14/2004)

 

Councilor DiGiando noted that the State will be providing funding for a bicycle path in Jamestown and suggested that this would be a good time to ask the community where they believe the best place would be for that bicycle path.

 

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 Jamestown is a trail beginning at the Jamestown Bridge/North Main Road to Weeden Lane at the intersection with Route 138 off ramps; however there has been discussion about the reservoir site and some other possible sites.  The Town Administrator noted that it is expected that the process from study to development and implementation will take from twelve months to three years.

 

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 – Linden Street, between Plat 1 Lots 34 & 38

 

Previously discussed.

 

3)                  Jamestown Volunteer Fire Department Agreement

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 July 26, 2004 Council meeting.  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.

 

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 Blueberry Lane

 

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 Blueberry Lane and to refer the request to the Director of Public Work for administration.  So unanimously voted.

 

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 July 12, 2004 Town Council meeting.

 

It was the consensus of the Council to hold interviews for the Town Administrator Search Committee on Wednesday, July 7, 2004.

 

There being no further business before the Council, it was moved by Councilor Settipane, seconded by Councilor Long to adjourn at 11:24 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

C:         Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation