TOWN COUNCIL METING
Following a Council work session, the regular meeting of the
Jamestown Town Council was called to order at the Jamestown Philomenian
Library,
David J. Long, Vice President
Julio J. DiGiando
Claire W. Ferguson
Guy J. Settipane
also present were:
Thomas P. Tighe,
J. William W. Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
Lisa Bryer, Town Planner
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Presentation
from the
Present for the presentation of the Jamestown Farms 2004
Viability Report:
Mary Hutchinson, President Robert
Sutton, Chair
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
Mr. Sutton recognized why island farms are such an important
cultural, aesthetic, and economic contributors to the quality of life in
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
Grapes & Gourmet, Inc.
dba: Grapes & Gourmet
9 Ferry Wharf
CLASS B – TAVERN
Long Wharf Marina Restaurant, Inc.
dba: The Bay Voyage
CLASS B – VICTUALER
Alexander Enterprises, Inc.
dba: Narragansett Café
Islandish, Ltd.
dba: Chopmist Charlies
Jamestown Oyster Bar, Inc.
dba:
New England Golf Course Management, Inc.
dba:
aka: the Caddy Shack
SeaDish, Ltd.
dba: Tricia’s Tropi-Grille
Trattoria Simpatico, Inc.
dba: Trattoria Simpatico
Slice of Heaven, Inc
dba: Slice of Heaven
Portuguese American Citizen’s Club
dba: Portuguese American Citizen’s
Club
CLASS D FULL (CLUB)
Conanicut Yacht Club
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
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)
2)
3) Minutes from
Boards, Commissions and Committees:
a) Town
Administrator Search Committee (
b) Conservation
Commission (
c) Harbor
Management Commission (
d) Planning
Commission (
e) Affordable
Housing Committee (
f) Tax
Assessment Board of Review (
g) Library
Board of Trustees (
h) Tree
Preservation and Protection Committee (
4) Proclamations
& Resolutions from other
a) Town of
b) Town of
c) Town of
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
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
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
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
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
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
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
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:
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:
Plat 9
Cumberland Farms, Inc.
dba:
Plat 8
APPLICATION OF KENYON OIL COMPANY, Inc. dba: Jamestown Xtra Mart,
for renewal of additional operational hours between
APPLICATION OF CUMBERLAND FARMS, INC., dba: Cumberland Farms
Store #1108, for renewal of additional operational hours between
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) 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
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
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,
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
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
2) Demolition
of the old
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
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
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
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
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)
b) Weaver’s
Cove,
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
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
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
Attest:
Arlene D. Petit
Town Clerk
c: Town
Council Members (5)
Town
Administrator
Town
Solicitor
Administrative
Circulation