TOWN COUNCIL MEETING

July 12, 2004

(amended 07/26/2004)

 

A regular meeting of the Jamestown Town Council was called to order at the Melrose School, 76 Melrose Avenue 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:

Thomas Tighe, Interim Town Administrator

Kimberly A. Turcone, Deputy Town Clerk

J. William W. Harsch, Town Solicitor

Representative Bruce Long

Catherine Kaiser, School Committee Chair

Richard Condon, Harbor Management Commission

 

COUNCIL SITTING AS ALCOHOLIC 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.

A motion was made by Councilor Long and seconded by Councilor Ferguson to accept the consent agenda as amended.  So unanimously voted.

1)         Adoption of Council Minutes:

            a)        

b)         06/16/2004 Joint work session between Town Council & School Committee

2)         Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)        

b)         Jamestown Substance Abuse Prevention Task Force (06/06/2004)

4)         CRMC Notices:

a)         2004 July Calendar

5)         Statewide Planning Council:

a)         Amended Public Notice re: 2004 update to transportation 2025 State of RI Transportation Plan

6)         Zoning Board of Review abutter notification application of Anthony and Lorana DeMedeiros, whose property is located at Bark Avenue and further identified as Tax Assessor’s Plat 16 Lot 40 for a use variance as required by Jamestown Ordinance 82-314C.2 (High ground water table and impervious overlay district) at allow the installation of a new individual ISDS in order to construct a single family house on the site as approved under development plan review by the Planning Commission.  The details of the proposed installation and this application are on file in the Town Clerk's Office and in the Zoning Department.  Said property is located in an R40 zone and contains 15,360 sq ft

7)         Proclamations & Resolutions from other Rhode Island cities and towns:

a)         Town of South Kingstown re: receipt of Jamestown’s resolution in opposition of gambling

b)         Town of New Shoreham re: resolution in opposition to gambling

8)         Abatements/Addenda of Taxes

 

1)         Adoption of Council Minutes:

a)         06/28/2004 Regular meeting

Councilor Settipane made a correction to page 11, first paragraph; “…to reappoint Arek Galle to the Zoning Board of Review Town Buildings and Facilities Committee …”

 

After a punctuation change was corrected on page 15, a motion was made by Council President Littman and seconded by Councilor Long to approve the minutes from June 28, 2004 as amended.  So unanimously voted.

 

3)         Minutes from Boards, Commissions and Committees:

a)         Personnel Board (05/20/2004, 05/27/2004)

Councilor DiGiando stated that he had a question and needed clarification regarding the submitted minutes.  “If you look at the minutes of the 20th, and this was explained to us the last time that there was an attempt to meet with the Town Administrator and Town Clerk, but the way it reads, it almost sounds like they didn’t show up and I think there was some confusion as to when they were supposed to show up if I understand, and that’s in the last long paragraph, second sentence.  It says ‘Since the Town Administrator and the Town Clerk did not attend our meeting, as scheduled,’ I think they both said they weren’t clear on that.

 

On the meeting of the 27th, it says that the meeting was a continuation of the May 24th meeting, but the May 24th was adjourned.  There is some language saying that they sought direction from the Attorney General’s Office about that.  I guess if that was to happen, I would think that it would be more appropriate for it to go through the Town Clerk and to ask for the direction, the advice of the Town Solicitor.  If the meeting is adjourned can it be continued?  And I don’t know the answer to that question and that’s why I raised it.”

 

Town Solicitor, Bill Harsh stated “technically the answer is ‘no’.  Once you’ve adjourned, you adjourn.  Did they post their following meeting?”

 

Councilor DiGiando stated he assumed so but didn’t know.

 

Councilor Settipane asked if it was the Council’s responsibility to accept the minutes as drafted and/or remand them back to the committee for further review as opposed to amending them, as the Council amending the Personnel Board minutes.

 

Council President Littman didn’t think the Council had the authority to amend another boards’ minutes.

 

Councilor DiGiando stated that there was some confusion when he read the minutes but did not ask for the minutes to be returned to the Personnel Board to be amended.

 

Council President Littman asked if the May 20th meeting was a meeting since it didn’t look like the board had a quorum. 

 

A motion was made by Councilor DiGiando and seconded by Councilor Long to accept the draft minutes of the Personnel Board.  So unanimously voted.

 

UNFINISHED BUSINESS

2)         Petition for street abandonment – Linden Street, between Plat 1, Lots 34 & 38 (cont. from 06/28/2004)

Council President Littman stated that the attorney representing the petitioner seeking to abandon Linden Street requested that the matter be continued to July 26, 2004 for additional title examination.

 

4)         Local Questions for the general election (cont. from 06/28/2004)

a)         $6,200,000.00 water bond

i)          Letter from Taft & McSally to the Town Administrator re: Borrowings

ii)         Letter from Taft & McSally to the Town Administrator re: General obligation borrowing

David Ferrara, representative of Taft & McSally, reviewed his letters regarding borrowing monies for needed water projects in Jamestown.  He explained that there are two ways in which the Town can borrow money; (1) at a regular or special Financial Town Meeting or (2) by a Bond Act requiring voter approval placed on the November ballot.

 

Councilor DiGiando was concerned that the cost was too high.  The Town Solicitor asked once the bond is passed, how long can the Town wait to use the money.  Mr. Ferrara stated approximately ten years.

 

A motion was made by Councilor Settipane and seconded by Councilor Long to put the bond issue on the ballot for the November election for public approval of the 6.2 million dollar bond by permission of a special legislation bond act.

 

After some discussion with the Town Solicitor, Councilor Settipane withdrew his motion.

 

A motion was made by Councilor Settipane and seconded by Councilor Long to approve:

 Resolution No. 04-024R

Resolution Placing Question On Ballot

 

Resolved that:

The Town Council hereby orders that the following question shall be placed on the ballot at the general election of November 2, 2004:

 

BALLOT QUESTION

Authorizing the Town of Jamestown to finance the construction, extension and improvement of a Water Works System, to issue not more than $6,200,000.00 bonds and notes therefore and to impose additional water rates under Chapter 273 of the Public Laws of 1968, as amended, to pay the principal and interest on such bonds and notes. 

 

“Shall an act, passed at the 2004 session of the General Assembly, entitled ‘An Act Authorizing the Town of Jamestown to Finance the Construction, Extension and Improvement of a Water Works System, to Issue Not More Than $6,200,000

Bonds and Notes Therefore and to Impose Additional Water Rates Under Chapter 273 of the Public Laws of 1968, as Amended, to Pay the Principal and Interest on Such Bonds and Notes’ be approved?”

 

The Town Clerk is authorized to make such alterations to such question as may be required or requested by the office of the Rhode Island Secretary of State.

 

So unanimously voted.

 

PUBLIC HEARING

1)         Proposed amendment to the Jamestown Charter re: Town Council, number, selection and term

Council President Littman opened the public hearing at 7:35 PM.  The Council discussed

the issue of having the local election on an odd or even year.  They also discussed the issue of whether or not this Council wished to extend their term one half  year or wait for the next election to extend or decrease the amount of time to serve, until the 2 year term conforms to an odd or even year election.  The Town Solicitor stated that the Council is obligated to hold their positions until they are replaced.

 

Councilor DiGiando voiced his concern regarding budgeting costs for elections and that the Town would save money if the local election was changed to even years to follow the general election.

 

Representative Long stated that the Town may want to have their local election on a Tuesday rather than a Wednesday. 

 

Councilor DiGiando requested that the School Committee give their recommendation before a decision on this matter is voted upon.  Catherine Kaiser stated that the School Committee would not be meeting again until August but that she would try to hold a special meeting before the next Council meeting on July 26th.

 

The Town Solicitor requested that the Council discuss this matter further at the Board of Water and Sewer meeting on July 19th.  A motion was made by Councilor Settipane and seconded by Councilor Long to continue the public hearing to July 19th at 7:00 PM at the Board of Water and Sewer meeting.  So unanimously voted.

 

2)         Proposed Code of Ordinance amendment to Section 78-94 entitled “Density and Allocation”

a)         Letter from Chair re: request for Harbor Ordinance change

Council President Littman opened the public hearing at 8:00 PM.  Richard Condon, Harbor Management Commission reviewed their reasons why 17 new moorings have become available, 11 in the east harbor and 6 in the west harbor. 

 

With no public comment or input, a motion was made by Councilor Long and seconded by Councilor Settipane to close the hearing at 8:05 PM.  So unanimously voted.

 

A motion was made by Councilor Settipane and seconded by Councilor Ferguson to adopt Section 78-94 entitled “Density and Allocation” of the Code of Ordinance.  So unanimously voted.

 

ORDINANCES AND RESOLUTIONS

1)         04-023R Emergency Resolution re: floatation dock at the woodpile pier and new touch and go floatation dock at East Ferry

a)         Adoption of emergency resolution

The Town Solicitor requested that the Council refer back to the Harbor Management Commission for their recommendation, then order a hearing on the issue. He further stated that the emergency resolution was only good for 90 days. 

 

Councilor Settipane stated that he was satisfied with the emergency resolution as written.

 

Councilor Long requested that appropriate signage be posted and enforced in the area.

 

Councilor Settipane requested that the matter be returned to the Harbor Management Commission for a more global assessment and to report back to the Council as to where fishing would be allowed island-wide.  He continued to state that the resolution was properly balanced by excluded fishing at all facilities.

 

The Town Solicitor stated that he would draft a proposed amendment to the Harbor Management Ordinance to address the present problem island-wide. 

 

A motion was made by Councilor Settipane and seconded by Councilor Long to give the Town Clerk the authority to advertise the emergency resolution as adopted by the Harbor Management Commission and the Town Council.  So unanimously voted.

 

It was the consensus of the Council to request that the Harbor Management Commission review town public facilities that would allow the public to swim, fish, etc. island wide.

 

APPOINTMENTS AND RESIGNATIONS

3)         Town Administrator Search Committee 

a)         Expectations and development of procedures

Council President Littman submitted a guideline to the Council members recommending procedures and the structure of the proposed Town Administrator Search Committee.

 

Councilor Long recommended that a department head be part of the committee, preferably Lisa Bryer, Town Planner.  He requested that she be a non-voting member. 

 

Councilor Ferguson stated that she didn’t see a need for a Council member to sit on the Committee since the committee would be recommending qualified candidates to the Council.

 

Councilor DiGiando requested that the Town Administrator Search Committee hold open meetings to the public and for the committee to bring three to five qualified candidates to the Council. 

 

The Council took a break at 9:07 PM and reconvened at 9:25 PM

 

b)         Appointment of committee members

i)          Interested candidates:

           Richard Allphin

           Arthur J. Christman

           Lenore A. DeLucia

           Bob Dolan

           Richard P. Eannarino

           Gary A. Girard

           John Hubbard

           Cathy Kaiser

           William Kelly

           Bill Marsh

           Mary Meagher

           Fred Pease

           Nick Robertson

           Deborah Ruggiero

           Michael Schnack

           Peter A. Shocket

           Anthony B. Simeone

           Robert W. Sutton, Jr.

           Dennis Webster

           Norma B. Willis

           Ellicott Wright

           George Zainyeh

A motion was made by Councilor Long and seconded by Councilor DiGiando to appoint Robert W. Sutton, Jr., Fred F. Pease, Lenore A. DeLucia, Gary A. Girard, Peter A. Shocket, Ellicott Wright and Bob Dolan as voting members to the Town Administrator Search Committee and the Town Planner, Lisa Bryer as a non voting representative to represent the department heads.  So unanimously voted.

 

Council President Littman requested that the charge of the committee be continued to the Board of Water and Sewer meeting on July 19th, under Town Business.

 

Councilor Ferguson leaves the meeting at 9:50 PM

 

EXECUTIVE SESSION ANNOUNCEMENT

none

 

NEW BUSINESS

1)         Columbia Avenue re: status of un-built portion

a)         Town Solicitor report

The Town Solicitor discussed his report with the Council.  Abutters would receive the land with an easement and agreement that no clearing or building would be allowed on the un-built portion of Columbia Avenue.  If the Council accepts the request from the abutters, it would not affect nor change the zoning in the area.  The Town Solicitor continued to state that he had no legal issues with Mr. Murphy’s request.

 

A motion was made by Councilor DiGiando and seconded by Councilor Long to take no action on the sale of the abutting properties.   Councilor DiGiando, aye; Councilor Long, aye, Council President Littman, aye; Councilor Settipane nay.  Vote passes 3-1.

 

2)         Emergency Parking Restriction for the Tall Ships Festival (per Interim Town Administrator Thomas Tighe)

a)         Letter from Chief of Police re: limit parking on Sunday, July 18 at 12:01 AM until Monday, July 19 at 8:00 PM

b)         Traffic Management Plan/Evacuation Plan

A motion was made by Councilor Settipane and seconded by Councilor DiGiando to adopt and grant the emergency parking restrictions for the Tall Ships Festival effective Sunday, July 8, 2004 at 12:01 AM to July 19, 2004 at 8:00 PM.  So unanimously voted.

 

LICENSES & PERMITS

3)         One Day Peddler Licenses

b)         Trattoria Simpatico requesting to sell food and soft drinks during the Tall Ships on July 16, 17, 18 & 19 from 8:00 AM to 6:00 PM at East Ferry Beach area.  Applicant also requests that tent stay erected from July 16 and torn down on July 19

A motion was made by Councilor DiGiando and seconded by Councilor Settipane to grant the peddler license application of Trattoria Simpatico for July 16, 17, 18 and 19 to sell food at East Ferry (beach area) and to erect a 10 x 10 tent as required by the Department of Health.  Subject to the resolution of debts, taxes and appropriate signatures as well as proof of insurance.  So unanimously voted.

 

4)         Transfer of Sunday Sales License

a)         Peter & Kathy Scull dba: Video Showcase to transfer a Sunday Sales License to Video Showcase, LLC dba: Video Showcase located at 28 Southwest Avenue

A motion was made by Councilor Long and seconded by Councilor DiGiando to approve the transfer of Sunday Sales license from Peter & Kathy Scull to Lillian Bears operating as Video Showcase.  Subject to the resolution of debts, taxes and appropriate signatures.  So unanimously voted.

b)         Letter from Kathy Scull re: sale of Video Showcase

A motion was made by Council President Littman and seconded by Councilor Long to accept the letter from Kathy Scull.  So unanimously voted.

 

NEW BUSINESS

7)         Sunday Sales License

a)         An Act Relating to Sunday Sale of Alcoholic Beverages           

b)         Ratify hours to include all Sundays from Noon to 6:00 PM except on Thanksgiving, Christmas and New Years day per newly passed legislation

i)          Page’s Liquor’s

A motion was made by Councilor Settipane and seconded by Councilor Long to ratify the Sunday Sales license of Page’s Liquor’s to open on Sunday from Noon to 6:00 PM except on Thanksgiving, Christmas and New Years day.  So unanimously voted.

 

ii)         Grapes & Gourmet

A motion was made by Councilor Settipane and seconded by Councilor Long to ratify the Sunday Sales license of Grapes & Gourmet to open on Sunday from Noon to 6:00 PM except on Thanksgiving, Christmas and New Years day.  So unanimously voted.

 

APPOINTMENTS AND RESIGNATIONS

1)         Affordable Housing Committee

a)         Three (3) vacancies exist, terms ending 05/31/2007; duly advertised and interviews complete, if favorable appoint:

i)          Seeking Reappointment

           Jean Britton

           Catherine Goode-Devellis

           Nick Robertson

ii)         Letters of interest

           Valerie Molloy

A motion was made by Councilor DiGiando and seconded by Councilor Long to reappoint Jean Britton, Catherine Goode-Devellis and Nick Robertson to the Affordable Housing Committee, terms ending May 31, 2007.  So unanimously voted.

 

2)         Ambulance Compensation Committee

a)         Two (2) vacancies exist; one vacancy for a Citizens-at-Large representative, term ending 05/31/2006, and one Ambulance Association member, term ending 05/31/2007.  Duly advertised and interviews complete; if favorable appoint:

i)          Seeking reappointment:

           Joseph G. Samartano, Jr. (current member)

ii)         Letters of interest:

           None

Councilor Settipane recused himself due to his membership on the Ambulance Association.  A motion was made by Councilor DiGiando and seconded by Councilor Long to reappoint Joseph G. Samartano, Jr. as and Ambulance Association member, term ending May 31, 2007.   So voted with three in favor and one abstention.

 

NEW BUSINESS

5)         Letter to the Town Administrator from Gail Bolger re: permission to place an 8 ft x 8 ft x 20 ft storage trailer at the transfer station on North Main Road

Interim Town Administrator Thomas Tighe reported that the Director of Public Works is not in favor of Mrs. Bolger’s request.

 

The Council requested that the Interim Town Administrator work with Mrs. Bolger to find a suitable storage space for a small trailer.

 

6)         Proposed Town Charter Amendment (per Councilor Settipane)

a)         Establishment of a Board of Water and Sewer Commission separate from the Town Council members

Councilor Settipane requested that the proposed charter amendment be continued to the Board of Water and Sewer meeting on July 19th.

 

COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE COMMENTS & REPORTS

1)         Town Department Reports

A motion was made by Council President Littman and seconded by Councilor Long to accept the town department reports.  So unanimously voted.

 

2)         Town Clerk's Office

a)         Meeting Notice reminder re: work-session with Vollmer Associates

Accepted

 

3)         Jamestown Police Department

a)         Annual Report 2003

A motion was made by Councilor Settipane and seconded by Councilor Long to accept the 2003 annual police report.  So unanimously voted.

 

COMMMUNICATIONS AND PETITIONS

1)         Letter from Serena Beretta re: deer population

A motion was made by Councilor Long and seconded by Councilor Settipane to accept the letter from Serena Beretta regarding the deer population on the island.  So unanimously voted.

 

2)         Letter from Dan DiBiasio, RIDOT re: Rubberized Asphalt Chip Sealing

A motion was made by Councilor Long and seconded by Councilor Settipane to accept the letter from the DOT regarding chip sealing.  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)         Ft. Getty Peddler & Entertainment License

a)         Jamestown Seaside Family Cruise to sell food and have a DJ on September 5, 2004 from 9:00 AM to 5:00 PM at the Ft. Getty pavilion

A motion was made by Council President Littman and seconded by Councilor Settipane to approve the Ft. Getty entertainment license of the Jamestown Seaside Family Cruise to sell food and have a DJ on September 5, 2004 from 9:00 AM to 5:00 PM at the Ft. Getty pavilion, subject to the resolution of debts, taxes and appropriate signatures as well as proof of insurance.  So unanimously voted.

 

2)         Event License

a)         Feast of the Holy Ghost request permission for a procession from Holy Ghost Hall (138 Narragansett Avenue) to St. Mark Church (60 Narragansett Avenue) on Saturday, August 7, 2004 from 9:30 to 10:00 AM and return to the Holy Ghost Hall at 11:00 AM

A motion was made by Councilor DiGiando and seconded by Councilor Long to approve the event license of Feast of the Holy Ghost and give permission for a procession from Holy Ghost Hall (138 Narragansett Avenue) to St. Mark Church (60 Narragansett Avenue) on Saturday, August 7, 2004 from 9:30 to 10:00 AM and return to the Holy Ghost Hall at 11:00 AM, subject to the resolution of debts, taxes and appropriate signatures as well as proof of insurance.  So unanimously voted.

 

b)         Letter from Donna Wood re: Feast of the Holy Ghost

A motion was made by Council President Littman and seconded by Councilor Long to accept the letter from Donna Wood regarding the Feast of the Holy Ghost.  So unanimously voted.

 

3)         One Day Peddler Licenses

a)         Jamestown Yacht Club requesting to sell t-shirts at the Fools’ Rules Regatta on August 21, 2004 from 8:00 AM to 4:00 PM at the East Ferry beach area

A motion was made by Councilor DiGiando and seconded by Councilor Long to approve the one day peddlers license for the Jamestown Yacht Club requesting to sell t-shirts at the Fools’ Rules Regatta on August 21, 2004 from 8:00 AM to 4:00 PM at the East Ferry beach area, subject to the resolution of debts, taxes and appropriate signatures as well as proof of insurance.  So unanimously voted.

 

OPEN FORUM

Councilor Settipane stated that he did not like the fact the Open Forum falls at the end of the meeting on the agenda, Council President Littman agreed.

 

1)         Scheduled request to address

none

 

2)         Non-scheduled request to address

Bill Munger requested that the Community Center be open during the tall Ships Festival so that the public can use the restroom facilities.  Interim Town Administrator stated that the Community Center will be open along with port-a-johns also available.

 

Representative Bruce Long stated that Jamestown will have a voting member on the Quonset/Davisville Economic Development Committee.  He also reported that he will provide the Council with a certified copy of the 6.2 million dollar bond issue.

 

 

Council President Littman requested that the following items be continued to the next meeting on July 26th:

           Boards, Commission & Committees (cont. from 06/28/2004)

a)         Memorandum re: committee status update

           East Ferry Kayak/dingy storage rack (cont. from 06/14/2004) 

           Letter to Police Chief Thomas Tighe re: BJ Whitehouse’s request to close Steamboat Avenue between Beach Avenue and Beacon Avenue (cont. from 05/18/2004)

 

ADJOURNMENT

A motion was made by Councilor Long and seconded by Councilor DiGiando to adjourn the meeting at 10:37 PM.  So unanimously voted.

 

Attest:

 

 

Kimberly A. Turcone

Deputy Town Clerk

 

 

 

 

C:         Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation