TOWN COUNCIL METING

September 27, 2004

 

Following a Council work session, the regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:20 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Claire W. Ferguson

Guy J. Settipane

 

also present were:

Thomas P. Tighe, Interim Town Administrator

J. William W. Harsch, Town Solicitor

Arlene D. Petit, Town Clerk

Lisa Bryer, Town Planner

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

 

1)         Presentation from the Conanicut Island Land Trust re: Jamestown Farms 2004 Viability Report

 

Present for the presentation of the Jamestown Farms 2004 Viability Report:

Mary Hutchinson, President                                                      Robert Sutton, Chair

Conanicut Island Land Trust                                         Farm Viability Committee

 

Ms. Hutchinson presented the Jamestown Farms 2004 Viability Report to the Council, noting that this report is a result of an 18-month study by the Conanicut Island Land Trust’s Farm Viability Committee. 

 

The report gave an overview of the existing farms on Jamestown, as well as the respective owners and farmers. 

 

Mr. Sutton recognized why island farms are such an important cultural, aesthetic, and economic contributors to the quality of life in Jamestown.  Mr. Sutton informed the Council that the report will be going to each resident in Jamestown in order to create a greater awareness of farming and how the community can work together to ensure that Jamestown’s farms remain viable in the future.

 

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.

1)         Motion to set Alcoholic Beverage License limits for 2004-2005

 

 

It was moved by Council President Littman, seconded by Councilor Settipane to set the Alcoholic Beverage License limits for 2004 – 2005 as follows:

 

Class A            2

Class BV          8

Class BT          1

Class D            1

 

Total of licenses to be issued 12.  The motion was unanimously voted.

 

2)         2004-2005 Alcoholic Beverage License Establishment list with additional licenses held

 

It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the list of alcoholic beverage license holders.  So unanimously voted.

 

3)         Copy of notification letters to liquor license establishments

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the copy of notification letters to liquor license establishments.  So unanimously voted.

 

4)         Is hereby given by the Town Council of the Town of Jamestown, being the Licensing Board in said Town as provided under Title 3, Chapters 1-12 of the General Laws of Rhode Island 1956, and as amended that the following RENEWAL applications have been received by the Town Council for licenses under said Act, for the year ending December 1, 2004:

 

RENEWAL:

CLASS A (PACKAGE STORE) - RETAIL

Jean Page, Inc.

dba: Page’s Liquors

30 Southwest Avenue

 

Grapes & Gourmet, Inc.

dba: Grapes & Gourmet

9 Ferry Wharf

 

CLASS B – TAVERN

Long Wharf Marina Restaurant, Inc.

dba: The Bay Voyage

150 Conanicus Avenue

 

CLASS B – VICTUALER

Alexander Enterprises, Inc.

dba: Narragansett Café

25 Narragansett Avenue

Islandish, Ltd.

dba: Chopmist Charlies

40 Narragansett Avenue

 

Jamestown Oyster Bar, Inc.

dba: Jamestown Oyster Bar

22 Narragansett Avenue

 

New England Golf Course Management, Inc.

dba: Jamestown Golf and Country Club

aka: the Caddy Shack

245 Conanicus Avenue (lower level rear)

 

SeaDish, Ltd.

dba: Tricia’s Tropi-Grille

14 Narragansett Avenue

 

Trattoria Simpatico, Inc.

dba: Trattoria Simpatico

13 Narragansett Avenue

 

Slice of Heaven, Inc

dba: Slice of Heaven

32 Narragansett Avenue

 

Portuguese American Citizen’s Club

dba: Portuguese American Citizen’s Club

11 Pemberton Avenue

 

CLASS D FULL  (CLUB)

Conanicut Yacht Club

40 Bay View Drive

 

The above applications will be in order for hearing at a meeting of said Licensing Board on MONDAY, NOVEMBER 8, 2004 at 7:00 p.m. at the Jamestown Library, 26 North Road, in said Jamestown, at which time and place all remonstrants may make their objections against granting these licenses.  Legal advertisement will be displayed in the Newport Daily News on October 15th and 22nd editions.

 

It was moved by Councilor Settipane, seconded by Councilor Long to advertise the applications for establishments as presented for a hearing on Monday, November 8, 2004 at 7:00 PM at the Jamestown Library, 26 North Road, at which time all remonstrants may make their objections against granting these licenses.  So unanimously voted.

 

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 2 be removed from the Consent Agenda.  It was moved by Councilor Long, seconded by Councilor DiGiando to approve the Consent Agenda as amended.  So unanimously voted.

 

1)         Adoption of Council minutes:

a)         September 13, 2004 regular meeting minutes

2)        

3)         Minutes from Boards, Commissions and Committees:

a)         Town Administrator Search Committee (09/02/2004, 09/08/2004)

b)         Conservation Commission (08/16/2004)

c)         Harbor Management Commission (06/30/2004, 07/28/2004, 08/11/2004, 08/26/2004)

d)         Planning Commission (08/18/2004)

e)         Affordable Housing Committee (05/24/2004, 06/21/2004)

f)          Tax Assessment Board of Review (09/02/2004, 09/16/2004)

g)         Library Board of Trustees (08/17/2004)

h)         Tree Preservation and Protection Committee (08/17/2004)

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

a)         Town of Narragansett re: support of maintaining the RIPTA Route 64- Newport-URI bus

b)         Town of Glocester re: Open Space & Recreation Bond

c)         Town of Narragansett re: Open Space and Recreation Bond

5)         Abatements/Addenda of Taxes

 

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

2)         Bills and Payroll

 

Councilor Settipane requested that the Town Administrator provide additional information at the next Council meeting regarding the $13,396.00 in legal fees to the Town Solicitor. 

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the Bills and Payroll.  So unanimously voted.

 

EXECUTIVE SESSION ANNOUNCEMENT

 

Council President Littman announced that there would be an executive session at the end of the regular meeting pursuant to RIGL 42-46-5 (a) (5) Real Estate: Lease negotiations and the acquisition of property and RIGL 42-46-5 (a) Personnel

 

1)         Pursuant to RIGL 42-46-5 (a) (5) Real Estate: Lease negotiations (per Town Administrator)

2)         Pursuant to RIGL 42-46-5 (a) (2) Personnel

            a)         Personnel Policy (per Town Administrator)

3)         Pursuant to RIGL 42-46-5 (a) (5) Real Estate re: acquisition of property (cont. from 09/13/2004)

 

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

 

1)         Town Administrator report (verbal)

 

The Town Administrator reported on the following items: 

 

Proposed Noise Ordinance

 

The noise level readings for this summer have been forwarded to Assistant Town Solicitor Carolyn Mannis to be reviewed.  Ms. Mannis is also working on preparing an ordinance for the Council to consider.

 

RIDOT – Bridge Closing

The Town Administrator reported that he has communicated with RIDOT and it is expected that they will delay closing the bridge to traffic until after 10:00 a.m. rather than from 5:00 a.m. to 7:00 a.m. as first reported.

 

2)         Reports from Department Directors:

 

Councilor Settipane referred to the memorandum from the Building Official regarding a proposed fee for zoning certificates, pursuant to RIGL 45-24-59. 

 

It was the consensus of the Council that the Building Official provides the fee charged by other municipalities and that this be put on the Council agenda for October 12, 2004.

 

3)         Jamestown Housing Authority re: 2004 and 2005 PILOT funds

 

The Council discussed the past practice of Councils in forgiving the PILOT (Payment in Lieu of Taxes) from the Jamestown Housing Authority.  It was noted that the Jamestown Housing Authority would use the funds for air conditioning for the community room and to conduct a feasibility study to see if additional units can be constructed on their property.

 

It was moved by Councilor Ferguson, seconded by Councilor Long to forgive the $6,877.33 PILOT from the Jamestown Housing Authority; those funds to be used to conduct a feasibility study to determine if additional units can be constructed on their property and to purchase air conditioning for the community room.  So unanimously voted.

 

PUBLIC HEARING

 

1)         Proposed amendment to the Jamestown Zoning Ordinance related to: High Ground Water Table and Impervious Layer Overlay District (cont. from 09/13/2004)

 

Council President Littman opened the public hearing regarding the proposed amendment to the Jamestown Zoning Ordinance related to High Ground Water Table and Impervious Layer Overlay District at 8:05 PM.

 

Following discussion and review of each section, it was the consensus of the Council to make the following changes to the proposed amendment:

 

SECTION       COMMENTS

82-103 Definitions        approved as presented

 

82-314 High ground water table and impervious layer overlay district.

            approved as presented

82-314 Criteria for testhole location within Subdistricts A and B

            approved as presented

82-314 A. Prohibited uses.

1.         Sub-district A

2.         Prohibited uses. Sub-district A and B

           

approved as presented

approved as presented

82-314 B. Development within sub-district B.

1.         The slab, not including….

2.         All new ISDSs and ISDSs requiring major….

            no change to original language

 

approved as presented

approved as presented

82-314 C. Variances Development within sub-district A.

     1. Dimensional variances for….

 

            no change to original language

 

no change to original language with the exception of the addition of the following line:   (7th bullet)

       The applicant shall provide a copy of the RIDEM ISDS approval; and

 

82-314 C. Variances Development within sub-district A.

    A 1.  Development standards.          

 

no change to original language with the exception of the addition of the following line:

     standards in addition to the standards outlined in 83-                                   314. B. 1-6:

 

     4.  Stormwater management.            approved as presented

 

2.  Variances for development in sub-district A.

            no change to original language

82-308. Setback from freshwater wetlands.

     A. No sewage disposal trench, drain…

           

 

approved as presented

 

In review of the proposed amendment, Councilor Settipane indicated that he was strongly in favor of an exemption for additions to those dwellings in sub-district A that would allow for a homeowner needing a small expansion to avoid the necessity of a complete development planning review.  Councilor Settipane made suggestions on how this could be accomplished; one being, an expansion of an existing dwelling of less than 20% of the existing footprint or a maximum increase of no more than 250 square feet, would be subject to an administrative review by the Building Official; the Building Official could, however, request a full development planning review by the Planning Commission.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to instruct the Town Planner to prepare the changes as adopted by consensus of the Council and to return the amended ordinance to the Council for adoption.  So unanimously voted.

 

2)         Proposed amendment to Section 42-53 of the Jamestown Code of Ordinance re: the use of soft boogie boards at Mackerel Cove beach (duly advertised on September 16, 2004)

 

The public hearing to consider the proposed amendment to Section 42-43 of the Jamestown Code of Ordinance regarding the use of soft boogie boards at Mackerel Cove Beach was opened by Council President Littman at 9:30 PM.

 

President Littman invited public comment regarding the proposed amendment.

 

Clayton Carlisle, West Passage, encouraged the Council to pass the proposed resolution as presented.

 

There being no further public comment, it was moved by Councilor Long, seconded by Councilor Ferguson to close the public hearing at 9:40 PM.  So unanimously voted.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to adopt the proposed amendment to Section 42-53 of the Jamestown Code of Ordinance as presented.  So unanimously voted.

 

The ordinance was adopted as proposed:

 

            Sec. 42-53. Inner tubes, surfboards, rafts, flotation devices, golf clubs, ball playing, boating and water skiing at beaches.

 

            The use of inner tubes, surfboards, rafts or flotation devices in the water, exclusive of soft boogie boards, and golf clubs on any of the town beaches shall be prohibited.  Ball playing, boating or water skiing shall be prohibited on any of the town beaches.  Soft boogie boards are defined as soft, flexible foam bodyboards ridden lying down.

 

This ordinance shall take effect upon its adoption.

 

ORDINANCES AND RESOLUTIONS

 

1)         Resolution 04-032R re: Open Space & Recreation Bonds

 

It was moved by Councilor Settipane, seconded by Councilor Long to adopt Resolution 04-032R in support of the $70 million Open Space and Recreation Bond.  So unanimously voted.

 

2)         Resolution 04-033P re: Beverly Koschny

 

It was moved by Councilor DiGiando, seconded by Councilor Long to adopt Resolution 04-033P honoring the more than nineteen years of dedicated service by Beverly Koschny in her position as Police Matron.  So unanimously voted.

 

a)         Letter from the Chief of Police re: Beverly Koschny

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the Chief of Police.  So unanimously voted.

 

COMMMUNICATIONS AND PETITIONS

 

1)         Letter from Jane Weidman, AICP re: Rhode Island Roadways Program, Educational Program

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from Jane Weidman regarding the Rhode Island Roadways Program Education Program.  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)         NOTICE is hereby given that there will be a public hearing by and before the Town Council of the Town of Jamestown on the 8th of November, 2004 at 7:00 p.m. at the Jamestown Philomenian Library Conference Room, 26 North Road, Jamestown, RI pursuant to 5-24-1 of the General Laws of Rhode Island, 1956, and as amended, upon the following applications:

 

RENEWALS: 

Kenyon Oil Company, Inc.

dba: Jamestown Xtra Mart

35 Narragansett Avenue

Plat 9 Lot 246

 

Cumberland Farms, Inc.

dba: Cumberland Farms Store #1108

41 North Main Road

Plat 8 Lot 626

 

APPLICATION OF KENYON OIL COMPANY, Inc. dba: Jamestown Xtra Mart, for renewal of additional operational hours between 2:00 a.m. and 6:00 a.m. for the said establishment, holder of a Victualing License issued by the Town of Jamestown.  If granted, this will allow this establishment to continue to be open 24 hours per day.

 

APPLICATION OF CUMBERLAND FARMS, INC., dba: Cumberland Farms Store #1108, for renewal of additional operational hours between 5:00 a.m. and 6:00 a.m. for said establishment, holder of a Victualing License issued by the Town of Jamestown.  If granted, this will allow this establishment to continue to be open from 5:00 a.m. to 2:00 a.m. daily (RIGL 5-24-1 allows this establishment to be open until 2:00 a.m.).

 

All interested persons are notified to be present at said hearing to be heard for or against the granting of said applications.  All interested persons at said hearing shall be given an opportunity to be heard on said application.

 

The above applications will be in order for hearing at a meeting of said Licensing Board on MONDAY, NOVEMBER 8, 2004 at 7:00 pm. at the Jamestown Philomenian Library, 26 North Road, in said Jamestown, at which time and place all remonstrants may make their objections against granting these licenses.  Legal advertisement will be displayed in the Newport Daily News on October 15th, 22nd & 29th editions.

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to advertise the Vitualing License renewal application for Jamestown Xtra Mart with additional operational hours between 2:00 a.m. and 6:00 a.m. and the Vitualing License renewal application for Cumberland Farms Store #1108 with additional operational hours between 5:00 a.m. and 6:00 a.m.  So unanimously voted.

 

2)         One Day Peddler License application for the Quononoquott Garden Club to sell daffodil bulbs at East Ferry on Saturday, October 16th (rain date: October 17th) from 9:00 a.m. to noon.

 

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the One Day Peddler License for the Quononoquott Garden Club to sell daffodil bulbs at East Ferry on Saturday, October 16th with a rain date of October 17th from 9:00 a.m. to noon.  So unanimously voted.

 

OPEN FORUM

 

1)         Scheduled request to address

a)         Representative Bruce Long re: legislative update

 

Representative Long gave a verbal legislative update to the Town Council.

 

2)         Non-scheduled request to address

 

The Town Planner advised the Council that she expects the recommendations concerning the Fort Getty Master Plan to be completed for presentation to the Council by late October or early November. 

 

Charlotte Zarlengo, Seaside Drive commented on Section 3 of the High Ground Water Table Ordinance and disagreed with the removal of the prohibition on ISDS.

 

APPOINTMENTS AND RESIGNATIONS

 

1)         Resignation letter from Carolyn Coble from the Affordable Housing Committee

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter of resignation from Carolyn Coble.  So unanimously voted.

 

UNFINISHED BUSINESS

 

1)         Modification to the wood-pile pier at East Ferry (cont. from 08/23/2004)

a)         Report from the Harbor Management Commission Facilities sub- committee

Councilor DiGiando reported that the Harbor Commission is continuing discussion on the modification to the wood-pile pier at East Ferry.  It is expected that they will be making recommendations to the Council within the next few weeks.

 

It was the consensus of the Council to continue this item to the Town Council meeting on October 25, 2004. 

 

2)         Demolition of the old Jamestown Bridge (cont. from 09/13/2004)

a)         Memorandum from Michael Gray, Deputy Public Works Director re:  additional information as requested by the Town Council.

 

It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the memorandum from the Deputy Public Works Director regarding the hours of closure during the demolition of the old Jamestown Bridge.  So unanimously voted.

 

3)         Design, Construction and Maintenance Agreement re replacement of temporary water line

 

The Town Administrator informed the Council that the Town has received a letter from the Department of Health regarding their concerns with the replacement of the temporary water line.  Mr. Goslee and Mr. Gray are in the process of answering those concerns. 

 

Councilor Long stated that adding an additional condition to the agreement such as the agreement being subject to the approval from the Department of Health may not be necessary. 

 

The Town Solicitor stated that RIDOT is prepared to issue a check in the amount of $250,000.00 to cover the cost of replacing the water line on the Jamestown Verrazano Bridge.  Adding a new stipulation to the agreement with RIDOT would increase the risks to the Town by bringing another department into the mix.  Mr. Harsch suggested keeping the two issues separate and to allow the Town Administrator and Mr. Goslee to work with the Department of Health. 

 

Councilor Settipane noted that the flexible water line is part of the agreement with RIDOT, and with the possibility that the Department of Health might not accept that type of system, asked where that would leave the Town.

 

The Town Solicitor answered that this has been discussed with the Department of Health’s attorney and it was found that the raw water line can also be accessed by the line running to the foot of the Jamestown Bridge, bringing it directly to the water treatment facility rather than going directly into the finished water system.  Although this would mean that already treated water would be treated again, it is only on an emergency basis and would not be a common practice. 

 

It was the consensus of the Council to authorize the Town Administrator to sign the agreement with RIDOT and to continue to work with the Department of Health separately.

 

4)         Former landfill re: Environmental Monitoring Plan, including changes (cont. from 9/23/2004)

 

President Littman noted that there have been changes added to the Environmental Monitoring Plan as requested by the Council. 

 

The Town Solicitor reported that the document has been reviewed and is consistent with the form document on the RIDEM website.

 

It was moved by Councilor Settipane, seconded by Councilor Long to accept the document as presented.  So unanimously voted.

 

Council President Littman noted that Environmental Monitoring Plan was previously approved subject to the requested changes.

 

5)         LNG Facilities

a)         US Coast Guard re: Memorandum of Understanding for the proposal of developing a state-wide Emergency Response Plan at KeySpan facilities (LNG)

b)         Weaver’s Cove, Fall River, MA facility

 

Council President Littman noted that the resolution passed by the Council in June 2004 dealt specifically with opposition to the Weaver’s Cove facility.  President Littman suggested that the Council consider submitting a resolution in opposition to the proposed KeySpan LNG Facility expansion.

 

It was the consensus of the Council to instruct the Town Clerk to provide a draft resolution relating the Council’s concerns to the expansion of the KeySpan LNG Facility.

 

c)         Letter from the City Solicitor of East Providence re: KeySpan LNG

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from the City Solicitor of East Providence regarding KeySpan LNG.  So unanimously voted.

 

NEW BUSINESS

            1)         Stormwater Grant Agreement re:  time extension

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to approve the time extension for the Stormwater Grant Agreement.  So unanimously voted.

 

EXECUTIVE SESSION

 

It was moved by Council President Littman, seconded by Councilor Long to enter into executive session at 10:15 PM, pursuant to RIGL 42-46-5 (a) (5) real estate lease negotiations and the acquisition of property and RIGL 42-46-5 (a) personnel.  It was voted, Councilor Ferguson, aye; Councilor DiGiando, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye.

 

The Council returned from executive session at 11:00 PM.  It was moved by Councilor Long, seconded by Councilor DiGiando to seal the minutes of the executive session from the public.  It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye. 

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to authorize the Town Solicitor to further define the language in regards to the potential acquisition of property.  So unanimously voted.

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to instruct the Town Administrator to engage in dialog with Chief Bryer in regards to personnel issues as discussed in executive session. 

 

It was moved by Councilor Long, seconded by Councilor DiGiando to instruct the Town Administrator to inform Town employees of the policy regarding Volunteer Fire Department.  So unanimously voted.

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to allow the modification of the current lease of the Golf Course as discussed in executive session and to instruct the Town Administrator to continue discussion with the lessee.  So unanimously voted.

 

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Ferguson to adjourn the meeting at 11:06 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

c:          Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation