A regular meeting of
the
David J. Long, Vice
President
Claire Ferguson
Julio DiGiando
Absent: Guy Settipane
Also present were:
Chief Thomas Tighe,
Town Administrator
Kimberly A. Turcone,
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)
b)
c)
2) Bills and Payroll
3) Minutes from Boards, Commissions and
Committees:
a) Zoning Board
of Review (
b) Tax Assessment Board of Review (
c) Tree Preservation and Protection
Committee (
d) Planning Commission (
e) Harbor Management Commission (
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
9)
10) Abatements/Addenda of Taxes
1) Adoption of Council minutes:
b)
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
c)
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
9) Proclamations & Resolutions from
a) Town of
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
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
1) Town Administrator: verbal report
The Town Administrator
reported on the following items:
• A letter in support of the
• The Traffic Commission has determined
that there will be no parking on
• 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
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
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
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
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
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,
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
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
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
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
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
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
A motion was made by
Councilor Long and seconded by Councilor
2) One Day Peddler License
a)
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:
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
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,
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)
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
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
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 –
a) Memorandum from the Building Official
The
5) Letter and Petition from Clayton Carlisle
re: boogie boards at
a) Memorandum from the Recreation Director
re: Operating Policy at
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
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
A motion was made by
Councilor DiGiando and seconded by Councilor
8) Letter from Matt Brown, Secretary of State
re: electronic filing notices (cont. from
A motion was made by
Councilor Long and seconded by Councilor
9) Copy of Letter from Janet L. Ruggiero,
Director of Elections re: Central Voter Registration System Agreement (cont.
from
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
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
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
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
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
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
A motion was made by
Councilor Long and seconded by Councilor
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
A motion was made by
Councilor Long and seconded by Council President Littman to adjourn the meeting
at
Attest:
Kimberly A. Turcone
C: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation