TOWN COUNCIL MEETING
(amended
A regular meeting of the Jamestown Town
Council was called to order at the
David J. Long, Vice President
Claire Ferguson
Julio DiGiando
Guy Settipane
Also present were:
Thomas Tighe,
Kimberly A. Turcone,
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)
2) Bills
and Payroll
3) Minutes
from Boards, Commissions and Committees:
a)
b)
4) CRMC
Notices:
a) 2004 July Calendar
5) Statewide
Planning Council:
a) Amended
Public Notice re: 2004 update to transportation 2025 State of
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
a) Town
of
b) Town
of
8) Abatements/Addenda
of Taxes
1) Adoption
of Council Minutes:
a)
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
3) Minutes
from Boards, Commissions and Committees:
a) Personnel
Board (
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 –
Council President Littman stated that the
attorney representing the petitioner seeking to abandon
4) Local
Questions for the general election (cont. from
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
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
BALLOT QUESTION
Authorizing the Town of
“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
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
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
With no public comment or input, a motion was
made by Councilor Long and seconded by Councilor Settipane to close the hearing
at
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
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
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
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
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
a) Letter
from Chief of Police re: limit parking on Sunday, July 18 at
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
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
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
b) Ratify
hours to include all Sundays from
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
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
APPOINTMENTS AND RESIGNATIONS
1) Affordable
Housing Committee
a) Three (3) vacancies exist, terms ending
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
2) Ambulance
Compensation Committee
a) Two
(2) vacancies exist; one vacancy for a Citizens-at-Large representative, term
ending
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
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
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)
a) Jamestown
Seaside Family Cruise to sell food and have a DJ on
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
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.
Representative Bruce Long stated that
Council President Littman requested that the
following items be continued to the next meeting on July 26th:
• Boards,
Commission & Committees (cont. from
a) Memorandum
re: committee status update
• East
Ferry Kayak/dingy storage rack (cont. from
• Letter
to Police Chief Thomas Tighe re: BJ Whitehouse’s request to close
ADJOURNMENT
A motion was made by Councilor Long and
seconded by Councilor DiGiando to adjourn the meeting
at
Attest:
Kimberly A. Turcone
C: Town
Council Members (5)
Town
Administrator
Town
Solicitor
Administrative Circulation