JAMESTOWN TOWN COUNCIL

Jamestown Philomenian Library

26 North Road

Tuesday, August 10, 2004

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:12 PM by Council President Kenneth Littman.  The following members were present:

David J. Long, Vice President

Claire Ferguson

Julio DiGiando

Absent:       Guy Settipane

 

Also present were:

Chief Thomas Tighe, Town Administrator

Kimberly A. Turcone, Deputy Town Clerk

J. William W. Harsch, Town Solicitor

Thomas Ginnerty, Zoning Board of Review Chair

Gary Girard, Planning Commission Chair

Arthur Christman, Fire Marshall

Lori Gibson, RI DEM

House Representative Bruce Long

 

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 DiGiando to approve the amended consent agenda.  So unanimously voted.

1)      Adoption of Council minutes:

a)      06/17/2004 Special Meeting

b)     

c)      

2)      Bills and Payroll

3)      Minutes from Boards, Commissions and Committees:

          a)      Zoning Board of Review (06/22/2004)

b)      Tax Assessment Board of Review (07/21/2004, 07/27/2004, 07/28/2004, 08/03/2004)

c)       Tree Preservation and Protection Committee (06/15/2004)

d)      Planning Commission (06/02/2004, 06/16/2004)

e)       Harbor Management Commission (06/09/2004)

4)      CRMC Notices:

a)      August 2004 Calendar

5)      DEM Notices:

a)      Notice re: DEM application requesting a RI Water Quality Certification under the Water Quality Regulations to expand the existing 44 slip marina to provide permanent berthing for five additional boats that will be moored in the basin east and south of the existing Ft. Wetherill Marina

6)      State Planning Council Notice:

a)      Amendment to the Transportation Improvement Program

7)      Zoning Board of Review Abutter Notification:

a)      Application of Carolyn Goodrich, whose property is located at 900 East Shore Road, Tax Assessor’s Plat 1, Lot 94 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct a 5’ x 16.8’ addition to the front porch which will be 10’ from the front (northerly) property line instead of the required 40’.  Said property is located in a RR80 zone and contains 2+ acres.

b)      Application of Catherine Goode-DeVellis, whose property is located at 27 North Road, Tax Assessor’s Plat 8, Lot 86 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to allow dimensional variances of the property setbacks as described in Table 3-2 so the property may be used for (2) office areas.  Said property is located in a CL zone and contains 15,658 sq. ft.

8)      Letter from RI Traveler’s Aid re: Crossroads Rhode Island

9)     

10)    Abatements/Addenda of Taxes

1)      Adoption of Council minutes:

b)      07/26/2004 Regular Meeting

Councilor Long requested that two changes be made to page 6; second paragraph from the bottom “…automatically assumed that there their term would be extended to those five years months.”  A motion was made by Councilor DiGiando and seconded by Councilor Ferguson to approve the minutes from July 26, 2004 as amended.  So unanimously voted.

 

c)       08/03/2004 Special Meeting

Councilor DiGiando stated that he had to recuse himself from voting due to his absence from the meeting.  A motion was made by Council President Littman and seconded by Councilor Long to approve the minutes of August 3, 2004 as written.  So voted 3-0; Councilor DiGiando recused.

 

9)      Proclamations & Resolutions from Rhode Island cities and towns:

a)      Town of East Greenwich request for a letter to the General Assembly re: costs to local communities associated with a proposed casino in West Warwick

Council President Littman stated that the reason for the letter was to uphold the Governor’s veto against the Narragansett Indian’s proposed casino in West Warwick.  A motion was made by Council President Littman and seconded by Councilor Long to accept the correspondence from the Town of East Greenwich.  So unanimously voted.

 

EXECUTIVE SESSION ANNOUNCEMENT

1)      Pursuant to RIGL 42-46-5 (a) (5) Real Estate: Lease Negotiations

Council President Littman announced that there will be an Executive Session at the end of the meeting regarding lease negotiations.

         

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

6)      Public Works Department

a)      Notice from Steven Goslee re: Fire Safety Code

Council President Littman request that this item be discussed first.  He reported that the Fire Marshall, Arthur Christman, has submitted his fire safety code report to the Town in regards to town owned buildings.  The Town Administrator reported that no additional money was budgeted to repair and install the equipment the Fire Marshall has requested in his report. 

 

The Fire Marshall stated that notices were sent to the Town over a number of years but the time has come to act upon them.  He reported on the various buildings that were in violation of the fire safety code.

 

The Council discussed costs associated with bringing the buildings up to code versus appealing the Fire Marshall’s report.

 

Councilor Ferguson requested that the Town Administrator investigate the cost of bringing the town buildings up to code and also the cost of appealing the Fire Marshall’s notices.  The information requested by Councilor Ferguson will be discussed at the August 23rd meeting.

 

1)      Town Administrator: verbal report

The Town Administrator reported on the following items:

        A letter in support of the Beavertail Lighthouse Museum grant has been sent

        The Traffic Commission has determined that there will be no parking on North Road in between Valley Street and Luther Street

        Tina Collins, Finance Director will fill in for the Town Administrator while he is away on vacation

 

a)      Department Director’s reports

Accepted; no action taken

 

2)      Jamestown Police Department

a)      Request from Police Chief Donovan re: motion in support of a “Statement of Support for the Guard and Reserve”

A motion was made by Councilor DiGiando and seconded by Councilor Long to support the “Statement of Support for the Guard and Reserve”.  So unanimously voted.

 

3)      Town Administrator Search Committee

a)      Memorandum re: Applicant Review Sheet and charge of committee

A motion was made by Council President Littman and seconded by Councilor DiGiando to amend the charge of the Town Administrator Search Committee to add: experience preparing and drafting a budget, change “the island” to “an island” and to approve the score sheet.  So unanimously voted.

 

4)      Conservation Commission

a)      Letter from Suzanne Vetromile to the Chair re: resignation

b)      Letter from Amy Barclay de Tolly re: resignation

A motion was made by Councilor Long and seconded by Councilor Ferguson to accept the letters of resignation from Suzanne Vetromile and Amy Barclay de Tolly and to advertise for two positions on the Conservation Commission.  So unanimously voted.

 

Council President Littman requested that the Town Clerk's Office send a certificate of appreciation to the two committee members.

 

5)      Town Engineer

a)      Letter to homeowners re: ISDS inspections

b)      Memo re: ISDS Inspection Program Status Report

Council President Littman reviewed the Town Engineer’s report. Councilor DiGiando asked if any financial aid has been sought for those residents who cannot afford to upgrade their ISDS.  Council President Littman requested that Mr. Gray attend the next meeting of the Town Council on August 23rd to explain how the Town is dealing with failed systems on the island.

 

A motion was made by Council President Littman and seconded by Councilor Long to accept the memo and sample letter to residents written by the Town Engineer, Michael Gray.  So unanimously voted. 

 

COMMMUNICATIONS AND PETITIONS

1)      Deer Management Letters:

a)      Petition from residents in favor of Deer Management as proposed by DEM

i)       Postcards (5)

ii)      Letter from Lee and John Howard in support of limiting the deer population

iii)     Email from a Family of Concerned Citizens (Alex DeMolles) re: support of DEM’s Deer Management Plan

iv)      Letter from Robert N. Roach, III re: support of DEM’s “Controlled Hunt”

v)       Letter from Nick Roach re: support of DEM’s “Controlled Hunt”

vi)      Letter from Ulrich Luth re: support of controlled bow and arrow deer hunt

vii)     Diana S. Luth re: support of controlled bow and arrow deer hunt

A motion was made by Council President Littman and seconded by Councilor Long to accept the letters of correspondence in favor of DEM’s request of a controlled deer hunt.  So unanimously voted.

 

b)      Petition from residents against Deer Management as proposed by DEM

i)       Postcards (94)

ii)      Letter from Jane Berglund-Toll re: opposition to hunting at Beavertail

iii)     Letter from David and Susie King re: postponing plans to allow deer hunting

iv)      Letter from Helen Richardson re: opposition to deer hunting

v)       Nichole J. Cardoza re: opposition of a bow and arrow hunt

A motion was made by Council President Littman and seconded by Councilor DiGiando to accept the letters of correspondence in opposition of DEM’s request for a controlled deer hunt.  So unanimously voted.

 

UNFINISHED BUSINESS

2)      Controlled Deer Hunt (cont. from 07/05/2004)

Councilor DiGiando congratulated Lori Gibson and DEM for their good job and presentation at the work session.  He stated that from the work session held on August 5th, people agree that something needs to be done about the deer on the island.  He requested that the Council set up a Wildlife Commission to deal with these issues.  He also stated that thinning the herd at Beavertail will not affect the deer population for the rest of the island.

 

Council President Littman stated that the use of shotguns is not allowed in Jamestown by Town Ordinance.  He asked Ms. Gibson if DEM would be receptive to shotgun hunting rather than bow and arrow.  Ms. Gibson stated that the issue needs to be addressed to the Acting Chief of DEM in writing as a proposal.  This request can be made at any time before the hearing and at the hearing. 

 

Councilor Long requested that the Council move forward with some sort of proposal.  He stated that he is in favor of a long term plan and would like feed back regarding the ten (10) day rifle hunt opposed to a ninety (90) day bow and arrow hunt.

 

Council President Littman asked about the liability provision for the Town.  The Town Solicitor, Mr. Harsch, reported that the Town will have to have the proper insurance in place if the Town opts to use shotguns.  The Town ordinance will not have to change because Beavertail is a State Park. 

 

Council President Littman stated that he would feel more comfortable if all five members of the Council were present to vote.  Councilor Ferguson, Councilor DiGiando and Councilor Long requested that a vote be taken at tonight’s meeting.

 

A motion was made by Councilor Long and seconded by Councilor Ferguson that the town move forward with DEM’s proposed controlled deer hunt at Beavertail State Park with options and suggestions as to how to facilitate the hunt.  Options and suggestions will be discussed at the Board of Water and Sewer meeting on August 16th.  So unanimously voted.

 

The Council requested to discuss specifics of the hunt at the Board of Water and Sewer meeting on August 16th and discussion of establishing a Wildlife Commission at the next Council meeting on August 23rd. 

PUBLIC HEARING

1)      Proposed amendment to the Zoning Ordinance re: Section 314 High Groundwater Table and Impervious Layer Overlay District; duly advertised on July 23rd, 30th and August 5th.

Council President Littman opened the Public hearing at 8:30 PM.  He requested that the Planning Commission Chair, Gary Girard, give a brief presentation. 

 

Mr. Girard reviewed the proposal and recommendations to Section 314 High Groundwater Table and Impervious Layer Overlay District.

 

Charlotte Zarlengo, Seaside Drive, objected to any amendment to the current ordinance.  She asked that the Council not allow for any further weakening of the ordinance.

 

Thomas Ginnerty, Zoning Board of Review Chair, stated that it is a mistake to eliminate the use standard variance and that it can be easily challenged in the court system.  He also requested that the Council not amend 82-314 to change the permitting authority from the Zoning Board of Review to the Planning Commission in all cases except administrative Sub-district reviews.

 

Debra D’Agostino, Steamboat Avenue, agreed with the statements made and that Section 82-314 C.2 not be removed.

 

Kristen Kennedy, Lugger Street and President of the Jamestown Shores Association stated that she and the members of her association would like to see the restriction tighten and not lessened.  She invited the Council to attend one of their meetings held every forth Wednesday of the month.

 

Sav Rebecchi, Sail Street, stated that he would like to see applicants seek variances from the Zoning Board of Review.

 

Representative Bruce Long stated that he has had several calls requesting that the Council maintain the standards currently in place.

 

Gaylan Thompson, Grinnell Street, stated that she supports what she has heard tonight from the Jamestown Shores residents.

 

Council President Littman asked Mr. Girard why the Planning Commission is requesting to cut the Zoning Board of Review out of the ordinance.  Mr. Girard answered that the Zoning Board of Review would act as the appellate court for the applicant to appeal to.

 

Councilor Long requested that the public hearing be continued so that he could review the proposed amendments further. 

 

Mr. Girard requested that the Council give the Planning Commission a definition of what constitutes a “taking”.  Councilor DiGiando suggested that Town Solicitor Harsch and Town Solicitor Parks discuss the matter and get back to the Council.  Town Solicitor Harsch stated that he and Mr. Parks will submit an explanation to the proposed changes that have been made to Section 314 High Groundwater Table and Impervious Layer Overlay District.  He also requested that the Zoning Board of Review put in writing their comments in regards to this issue.

 

A motion was made by Council President Littman and seconded by Councilor Long to continue the Public Hearing on Section 314 High Groundwater Table and Impervious Layer Overlay District to August 23rd.  So unanimously voted.

 

 

Council President Littman called for a brief recess at 9:00 PM.  The meeting reconvened at 9:10 PM

 

ORDINANCES AND RESOLUTIONS

None

 

COMMMUNICATIONS AND PETITIONS

2)      Letter from E. Mary McDonagh re: 02835 – request for records

A motion was made by Councilor Long and seconded by Councilor Ferguson to accept the letter from E. Mary McDonagh.  So unanimously voted.

 

The Town Solicitor stated that he is preparing a response for Ms. McDonagh.

 

3)      Copy of letter to Town Administrator from Deborah Smith, Director External Affairs, State of Rhode Island re:  KeySpan LNG, LP

A motion was made by Council President Littman and seconded by Councilor DiGiando to accept the letter from Deborah Smith.  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)      Request to waive $150.00 Pavilion fee for the North Kingstown High School Football team on August 28, 2004 from Noon to 4:00 p.m.

A motion was made by Councilor Long and seconded by Councilor Ferguson to approve the permit for the North Kingstown High School Football Team and to waive the $150.00 Pavilion rental fee.  So unanimously voted.

 

2)      One Day Peddler License

a)      Jamestown Rotary Club request to sell doughboys at the Fools’ Rules Regatta on August 21, 2004 at East Ferry Beach from 8:00 a.m. to 1:00 p.m.

A motion was made by Councilor DiGiando and seconded by Councilor Long to approve the request of the Jamestown Rotary Club to sell doughboys at the Fools’ Rules Regatta on August 21, 2004 at East Ferry Beach from 8:00 a.m. to 1:00 p.m.  So unanimously voted.

 

b)      Longade, LLC dba: Del’s Lemonade to sell lemonade at the Fools’ Rules Regatta on August 21, 2004 at East Ferry Beach from 8:00 a.m. to 1:00 p.m. 

A motion was made by Councilor DiGiando and seconded by Councilor Long to approve the request of Longade, LLC dba: Del’s Lemonade to sell lemonade at the Fools’ Rules Regatta on August 21, 2004 at East Ferry Beach from 8:00 a.m. to 1:00 p.m.  So unanimously voted.

 

Representative Long added that all receipts from the event will be given to the Jamestown Lions Club.

 

OPEN FORUM

1)      Scheduled request to address

a)      Representative Bruce Long re: Legislative Report

        Council’s request to place a 2.4 million dollar bond for a Highway Barn Facility was approved by the House and Senate

        The proposed Narragansett Indian casino debate rages on

        Will fight against the proposed LNG facility at Weaver Cove, Fall River and the LNG terminal in Providence with plans of expansion

 

2)      Non-scheduled request to address

Gaylan Thompson thanked the Council in regards to their decision on the controlled deer hunt.

 

APPOINTMENTS AND RESIGNATIONS

None

 

UNFINISHED BUSINESS

1)      Jamestown Volunteer Fire Department Agreement (cont. from 07/26/2004)

The Town Solicitor stated that the meetings between Chief Tighe and Fire Chief Bryer have been successful.  The Fire Department wants to limit their agreement and pay its senior officials.  John Murphy, the attorney representing the Fire Department, is drafting a new agreement to be signed by the next meeting in August.

 

3)      Boards, Commissions and Committees (cont. from 07/26/2004

a)      Memorandum from the Town Clerk’s Office re: membership, meetings and minutes

After a brief discussion of the memo, a motion was made by Councilor Long and seconded by Councilor Ferguson to officially disband the Computer Study Committee and the Golf Course Advisory Committee.  So unanimously voted.

 

Councilor DiGiando requested that the Town Solicitor give the Council an opinion regarding a legal resident versus an elector for the next meeting.  He also requested that the Council start to keep track of attendance records for all boards, committees and commissions.  Councilor DiGiando requested that all Council members attend interviews in a timely manner.

 

4)      Street Abandonment – Linden Street, between Plat 1, Lots 34 & 38

a)      Memorandum from the Building Official

The Deputy Town Clerk reported that attorney Ken Bond has asked that the street abandonment of Linden Street be taken off the agenda indefinitely.

 

5)      Letter and Petition from Clayton Carlisle re: boogie boards at Mackerel Cove Beach (cont. from 07/26/2004)

a)      Memorandum from the Recreation Director re: Operating Policy at Mackerel Cove Beach

The Council discussed the response from the Parks & Recreation Director, Matt Bolles. 

 

A motion was made by Councilor Long and seconded by Councilor Ferguson to request that the Town Solicitor draft language for advertisement to amend the town ordinance to use soft boogie boards at Mackerel Cove Beach and to advertise the amendment for a hearing on August 23rd.  So unanimously voted.

 

6)      Procedure and Policy for Disposal of Municipal Properties (cont. from 07/26/2004)

The Town Solicitor stated that the document before the Council is a good policy and procedure to work from when subject arises in the future.

 

No action was taken.

 

7)      Consent Agreement re: reorganization of SEIU/NAGE Local 134 (cont. from 07/26/2004)

A motion was made by Councilor DiGiando and seconded by Councilor Ferguson to approve the Consent Agreement to reorganize SEIU/NAGE Local 134.  So unanimously voted.

 

8)      Letter from Matt Brown, Secretary of State re: electronic filing notices (cont. from 07/26/2004)

A motion was made by Councilor Long and seconded by Councilor Ferguson to accept the letter of communication from the Secretary of State’s Office regarding electronic filing.  So unanimously voted.

 

9)      Copy of Letter from Janet L. Ruggiero, Director of Elections re: Central Voter Registration System Agreement (cont. from 07/26/2004)

a)      Central Voter Registration System Agreement between the Office of the Secretary of State and the Town of Jamestown (as required by the Secretary of State and in accordance with Help America Vote Act (HAVA) 2002) – for acceptance by the Town Council

A motion was made by Councilor Long and seconded by Councilor Ferguson to accept Central Voter Registration System Agreement between the Office of the Secretary of State and the Town of Jamestown as required by the Secretary of State and in accordance with Help America Vote Act (HAVA) 2002.  So unanimously voted.

 

10)    Design, Construction and Maintenance Agreement by and between RIDOT and the Town of Jamestown (replacement of temporary water hose) – for acceptance by the Town Council (cont. from 07/26/2004)

a)      Hose-reel system – temporary potable water line (information submitted by Councilor DiGiando)

The Town Solicitor stated that he has examined documents at the Town Offices that Maryanne Crawford and Steve Goslee had drafted and sent to the Department of Transportation.  It seems that they had negotiated to lay the water line on the sidewalk of the Jamestown Bridge with a cost to the town.  The problem being, that the DOT has now moved ahead on Ms. Crawford’s discussions (consistent with town records). 

 

Council President Littman stated that he was under the impression that the pipeline would be placed under the bridge.  The Town Solicitor stated that this was not the case. 

 

Councilor Long requested copies of past records and discussion of them at the Board of Water and Sewer meeting on August 16th.

 

Councilor DiGiando stated that North Kingstown does not want it on top of the bridge either.  He stated that he has looked into a different type of waterline that can be deployed when needed.

 

It was the consensus of the Council that the Director of Public Works look into the matter regarding the temporary water hose as proposed by Councilor DiGiando.

 

Councilor Ferguson requested that the Town Administrator look into getting out of the contract with RIDOT.  Council President Littman added that the Town Administrator contact the North Kingstown Water Department or Town Administrator for their input on the matter of the pipeline.

 

11)    East Ferry Pier Modification (per Councilor DiGiando)

Councilor DiGiando stated that the Harbor Management Commission  will be discussing this issue at tomorrow nights meeting and they will report back to the Council on August 23rd.

 

NEW BUSINESS

1)      Letter from Michael Pellegrino re: injury claim of Richard W. Piner

A motion was made to refer the injury claim of Richard W. Piner to the Town Solicitor.  So unanimously voted.

 

 

A motion was made by Councilor Long and seconded by Councilor Ferguson to close the meeting at 10:30 PM and enter into Executive Session pursuant to RIGL 42-46-5 (a) (5) Real Estate: Lease Negotiations, so voted; Council President Littman – aye, Councilor Long - aye, Councilor DiGiando – aye, Councilor Ferguson – aye.

 

EXECUTIVE SESSION ANNOUNCEMENT

1)      Pursuant to RIGL 42-46-5 (a) (5) Real Estate: Lease Negotiations

A motion was made by Councilor Long and seconded by Councilor Ferguson to end Executive Session and return to Council business at 10:40 PM.  So unanimously voted.

 

A motion was made by Councilor Long and seconded by Councilor Ferguson to seal the minutes of Executive Session.  Council President Littman – aye, Councilor Long  aye, Councilor DiGiando – aye, Councilor Ferguson – aye.

 

A motion was made by Councilor Long and seconded by Council President Littman to instruct the Town Administrator and Town Solicitor to prepare for lease negotiations and to look into the cost of hiring a consultant and appraiser to work for the Town regarding the matter.  Council President Littman – aye, Councilor Long  aye, Councilor DiGiando – aye, Councilor Ferguson – aye.

 

A motion was made by Councilor Long and seconded by Council President Littman to adjourn the meeting at 10:45 PM.  So unanimously voted.

 

Attest:

 

Kimberly A. Turcone

Deputy Town Clerk

 

C:      Town Council Members (5)

          Town Administrator

          Town Solicitor

          Administrative Circulation