***** UNAPPROVED MINUTES *****
TOWN COUNCIL MEETING
A 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
absent: Guy J. Settipane
also present:
Thomas P. Tighe,
J. William W. Harsch, Town
Solicitor
Arlene D. Petit, Town Clerk
Lisa Bryer, Town Planner
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
Council President Littman announced the results of the local
ballot questions from the presidential election held on
Question #15 Amendment to Jamestown Home Rule Charter – passed
Question #16 Construction,
Extension and Improvement of Water Works System Bonds and Notes not to Exceed $6,200,000 – passed
Question #17 Construction
of a Public Works Highway Facility Bonds and Notes not to Exceed
$2,400,000 - failed
IV. 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) State of
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the listing of cleared liquor licenses
from the State of Rhode Island Division of Taxation. So unanimously voted.
2) Liquor
License Advertisements
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the liquor license
advertisements. So
unanimously voted.
3) Objection
letters:
a) Fountain
Dispensers Co., Inc. re: Portuguese American Citizens Club
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the letter from Fountain Dispensers
Co., Inc. So
unanimously voted.
The Town Clerk introduced a letter from Fountain Dispensers
Co., Inc. dated
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the letter dated
4) Renewal of Liquor Licenses, if
favorable GRANT renewal applications
duly advertised in the Newport Daily News, upon the
resolution of debts,
taxes, State approval and appropriate signatures:
RENEWAL:
CLASS A (PACKAGE STORE) - RETAIL
Jean Page, Inc.
dba:
Page’s Liquors
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the renewal of the Class A Retail license to Jean Page, Inc., dba:
Page’s Liquors. So
unanimously voted.
Grapes & Gourmet, Inc.
dba:
Grapes & Gourmet
9 Ferry Wharf
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class A Retail license
to Grapes & Gourmet, Inc,. dba: Grapes & Gourmet. So unanimously voted.
CLASS B – TAVERN
Long Wharf Marina Restaurant, Inc.
dba: The
Bay Voyage
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Tavern license
to Long Wharf Marina Restaurant, Inc, dba: The Bay
Voyage. So unanimously
voted.
CLASS B – VICTUALER
Alexander Enterprises, Inc.
dba:
Narragansett Café
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Victualer license Alexander Enterprises, Inc., dba: Narragansett Café.
So unanimously voted.
Islandish, Ltd.
dba: Chopmist Charlies
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Victualer license to Island Dish, Ltd., dba:
Chopmist Charlies. So unanimously voted.
Jamestown Oyster Bar, Inc.
dba:
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Victualer license to Jamestown Oyster Bar, Inc., dba: Jamestown Oyster Bar.
So unanimously voted.
New England Golf Course Management, Inc.
dba:
aka: the
Caddy Shack
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the renewal of the Class B Victualer license to New England Golf Course Management,
Inc., dba: Jamestown Golf and Country Club, aka: The Caddy Shack.
So unanimously voted.
SeaDish, Ltd.
dba:
Tricia’s Tropi-Grille
The Town Clerk informed the Council that the license for
Tricia’s Tropi-Grille has a seating capacity limited
by the Fire Marshall to a maximum of 170 seats inside and outside. Additionally, it was noted that on
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the renewal of the Class B Victualer license, omitting the language referring to the
seating capacity indicated by the Fire Marshall, to SeaDish,
Ltd., dba: Tricia’s Tropi-Grille. So unanimously voted.
Trattoria Simpatico, Inc.
dba: Trattoria Simpatico
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Victualer license to Trattoria
Simpatico, Inc., dba: Trattoria
Simpatico and to include the amended site plan together with the original site
plan. So unanimously
voted.
Slice of Heaven, Inc
dba:
Slice of Heaven
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the renewal of the Class B Victualer license to Slice of Heaven, Inc., dba: Slice of Heaven and to approve the amended site plan
as presented. So
unanimously voted.
Portuguese American Citizen’s Club
dba:
Portuguese American Citizen’s Club
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the renewal of the Class B Victualer license to Portuguese American Citizen’s Club, dba: Portuguese American Citizen’s Club. So unanimously voted.
CLASS D FULL (CLUB)
Conanicut Yacht Club
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to grant the Class D Full (Club) license to the Conanicut Yacht Club.
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 items #1(g) (1(g) was removed in error
and corrected to be 1(a)) and 3(b) be removed from the Consent Agenda. It was moved by Councilor Ferguson, seconded
by Councilor DiGiando to approve the Consent Agenda
as amended. So
unanimously voted. The Consent
Agenda consisted of the following:
1) Adoption of
Council minutes:
a)
b)
c)
d)
e)
f)
g)
h)
2) Bills and
Payroll
3) Minutes from
Boards, Commissions and Committees:
a) Affordable
Housing Committee (
b)
c) Harbor
Management Commission (
d) Tree
Preservation and Protection Committee (
e) Water
Resource Protection Committee (
4) Proclamations
& Resolutions from other
a) Town of
5) Abutter
Notification from the Zoning Board of Review re: Notice of Public Hearing for
the application of Ralph & Susan Aresti, 16
Wildflower Lane (Plat 2, Lot 10) for a variance from Article 3, Table 3-2 to
build a 2 car attached garage with rear 30’ from rear lot line instead of
required 40’. Said property is located in a RR80 zone and contains 20,000 sq.
ft.
6) Coastal
Resources Management Council November 2004 Calendar
7) RI
Department of Administration Statewide Planning Program re: Transportation Improvement Program (TIP) for
FY 2006-2007
8) RI Board of
Elections re: Contingency Plan for
9) Aquidneck Island Planning Commission re: Postponement of
training series kick-off session
10) Abatements/Addenda
of Taxes
**************************************
1) Adoption of
Council minutes:
a)
It was noted that on page 1 of the
g)
1(g) was removed in error – it was moved by Councilor DiGiando, seconded by Councilor Ferguson to adopt
1(g). So unanimously
voted.
3) Minutes from
Boards, Commissions and Committees:
b) Harbor
Management Commission – Facilities (
Councilor DiGiando noted that the
minutes from the Facilities Committee are draft and requested that adoption be
held off until the approved minutes have been submitted to the Council. It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to table the approval of the Harbor Management
Commission Facilities Committee to the next Council meeting. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Littman announced that there would be an
executive session held at the end of the meeting, pursuant to RIGL 42-46-5 (a)
(1) Personnel.
1) Pursuant to
RIGL 42-46-5 (a) (1) Personnel
COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE
COMMENTS & REPORTS
1) Town
Administrator Report (verbal)
The Town Administrator noted that he would address
individual items as the appear on the agenda.
2) Department
Director Reports
It was moved by Councilor Littman, seconded by Councilor DiGiando to accept the reports from the Department
Directors. So
unanimously voted.
3) Planning
Commission re: request to schedule work session with Council to discuss the
High Groundwater Table Ordinance
It was the consensus of the Council to hold a work session
on
PUBLIC HEARING
Council President Littman opened the public hearing on the
Housing Element Amendment to the 2002 Comprehensive Community Plan entitled
“Town of
1) Proposed
Housing Element Amendment of the 2002 Comprehensive Community Plan entitled
Town of
a) Memorandum
from Affordable Housing Committee endorsing Affordable Housing Plan as written
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the memorandum from the Affordable
Housing Committee endorsing the Affordable Housing Plan as written. So unanimously voted.
The Town Planner stated that the Affordable Housing
Committee worked with Barbara Sokoloff and
Associates, Church Community Housing Corporation and herself in preparing the
Affordable Housing Plan (the plan). Ms.
Bryer noted that the plan was funded through a grant from the Rhode Island
Foundation and was approved by the Planning Commission on
Ms. Sokoloff explained that the
Affordable Housing Plan was written in response to the State mandate that each
community has 10% of its housing designated as affordable to low-moderate
income residents. The plan details the
need for affordable housing in
In review of the plan, Ms. Sokoloff
discussed the following:
Analysis of housing
needs
Barriers to
affordable housing development
Affordable housing
assets and resources
Development plan
o Schedule
o Goals
o Strategies
Action table
(includes strategies, responsible party, cost, source and time frame)
Ms. Sokoloff noted that regardless
of how the need is determined,
The following items were noted in discussing
Accessory dwelling
units
Church Community
Housing Corporation
Other Non-Profit
Housing Developers
Town Programs
Comprehensive
Permitting *
* Comprehensive Permitting is a valuable tool, which
provides flexibility. It allows the Town
to change the use of a property or the density without changing the zone. The Town can offer incentives, such as relief
from parking or set back requirements in exchange for affordable housing. Even if a developer is not seeking relief,
comprehensive permitting offers an expedited review process that can save a
developer time and money in reduced holding costs, interest and taxes. This cost saving can be passed down to the
home sales price.
In reviewing the tables included in the plan, Ms. Sokoloff noted that there are some updated figures that
will be added.
Council President Littman invited comments from the public:
Richard Allphin,
Ms. Sokoloff stated that an
apartment or accessory dwelling could only be considered affordable housing if
the Affordable Housing Guidelines are followed and if it is rented to
individuals who are not spending more than 30% of their income on the rent. The
number 25 is a percentage of what currently exists.
Carol Buglio, member of the
Affordable Housing Committee, stated that one of the goals is to find housing
for the Town workforce and emergency personnel.
Daniel Lilly,
Joseph Perry,
Nick Robertson,
Ms. Sokoloff stated that one way
to ensure that a person could remain in their home is for them to consider a
reverse mortgage.
Bridgett Ryan, Church Community Housing stated that there
are a number of options available. It is
important to keep all options available to low income homeowners.
Andrew Teitz, Attorney and
Co-Council representing a group of citizens in the North end, stated that
overall the document is very well written and should be approved by the Town
Council; however, Mr. Teitz suggested removing the
offsite location of
Dennis Webster,
Raymond Iannetta,
William Murphy,
Frank Meyer,
Richard Allphin,
Norma Willis,
Raymond Iannetta, asked why
Andrew Teitz, stated that if a parcel is identified in this plan it
means that the Town cannot oppose it.
Additionally, Mr. Teitz stated that if there
is one site named, then all sites should be identified. The only out of village site identified is
The Town Planner explained that the parcels under
consideration are Town owned properties.
Ms. Sokoloff noted that there are
other lots identified, one in particular is the lot off
Council President Littman noted that the lot adjacent to the
water treatment plant is scheduled to be used for improvements at the facility.
Ms. Bryer explained that the parcel in question is a
seven-acre parcel with the possibility of a portion being used for one unit of
government affordable housing. The
feasibility of that will be determined in the future because of the large
amount of wetlands on site.
Councilor DiGiando stated that on
Table 2: Housing Stock, the vacant units and occupied units does not equal the
total housing units for
Ms. Sokoloff stated that the
seasonal units of 341 are subtracted from the number of housing units
available. Ms. Sokoloff
indicated that this would be corrected by adding an asterisk with that
note.
Table 8:
Page 18 talks about building homes closer together,
Councilor DiGiando suggested that care be taken when
considering putting houses closer together as this will make character changes
that will last forever.
Ms. Sokoloff noted that there is a
calculation error in the Affordable Housing Development Schedule on page
20. The new chart was handed out and
will be replaced with corrections made.
It was the consensus of the Council to continue the public
hearing on the Affordable Housing Plan to
Council President Littman called for a five-minute break at
ORDINANCES AND RESOLUTIONS
None
COMMMUNICATIONS AND PETITIONS
1) Letters from Nancy Mason
a) Creek Road
Overpass – dangerous situation
It was moved by Council President Littman, seconded by
Councilor DiGiando to accept the letter from Nancy
Mason regarding the
b) Town Highway
Facility
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the letter from Nancy Mason regarding
the Town Highway Facility. So unanimously voted.
2) Letter from
David J. Leonard re: deer hunting at
The Town Administrator reported that he was informed that
the State would be in contact with the Department of Interior regarding a stay
of at least 45 days as requested by the Jamestown Town Council.
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the letter from David J. Leonard. So unanimously voted.
3) Letter of
request from a group of individuals (Carol Nelson-Lee, Robert Sutton, Craig Amerigian, Richard Hutchinson and Gerry Barrette) formed
“specifically for the purpose of getting a public works facility designed and
constructed on the Town owned Plat 2 Lot 47, immediately adjacent to the closed
landfill site”
Council President Littman noted that the information
requested is public information and is available at the
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to accept the communication. So unanimously voted.
4) Letter from
Dennis Webster re: Highway facility
It was moved by Councilor Ferguson, seconded by Councilor DiGiando to accept the communication from Dennis
Webster. So
unanimously voted.
Andrew Teitz noted that he was
concerned with individuals gathering proper information and suggested that a
public hearing be scheduled so that all individuals would be receiving the same
information.
Council President Littman noted that Council agendas are
duly posted for the public.
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) Renewal of Victualing Licenses with extended hours, if favorable
GRANT renewal applications duly advertised in the Newport
Daily News, upon the resolution of debts, taxes, and appropriate signatures:
RENEWALS:
Kenyon Oil Company, Inc.
dba:
Plat 9
It was moved by Councilor Ferguson seconded by Councilor DiGiando to grant the Victualing
License renewal with extended hours to Kenyon Oil Company, Inc. So unanimously voted.
Cumberland Farms, Inc.
dba:
Plat 8
Doriana Carrella,
John Wilbur, Supervisor, informed the Council that the hours
of operation being requested are from
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License renewal with extended hours as requested from
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
2) Multi-License
Renewal Applications and letters including Victualing
License (all liquor license establishments)
a) Bay Voyage
Restaurant
i) Entertainment
Fee (full year)
ii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the Bay
Voyage Restaurant. So
unanimously voted.
b) Chopmist Charlies
j) Entertainment
Fee (full year)
ii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the Chopmist Charlies. So unanimously voted.
c) Conanicut Yacht Club
i) Entertainment
(full year)
ii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the Conanicut Yacht Club.
So unanimously voted.
d) Narragansett
Café
i) Entertainment
(full year)
ii) Jukebox (1)
iii) Pool Table
(1)
iv) Pinball/Video
machine (2)
v) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the
Narragansett Café. So
unanimously voted.
e) Portuguese
American Citizen's Club
i) Entertainment
(full year)
ii) Jukebox (1)
iii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the
Portuguese American Citizen’s Club. So unanimously voted.
f) Trattoria Simpatico
i) Entertainment
(full year)
ii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the Trattoria Simpatico.
So unanimously voted.
g) Tricia’s Tropi-Grille
i) Entertainment
(full year)
ii) Victualing License
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Multi-License Renewal for the
Tricia’s Tropi-Grille. So unanimously voted.
3) Victualing License Renewal Applications (all liquor license
establishments):
a) Grapes &
Gourmet
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License Renewal for Grapes & Gourmet.
So unanimously voted.
b) Jamestown
Golf & Country Club aka: Caddy Shack
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License Renewal for Jamestown Golf & Country Club aka:
Caddy Shack. So
unanimously voted.
c)
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License Renewal for Jamestown Oyster Bar.
So unanimously voted.
d) Page’s
Liquors
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License Renewal for Page’s Liquors. So unanimously voted.
e) Slice of
Heaven
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the Victualing
License Renewal for Slice of Heaven. So unanimously voted.
4) Transfer of Victualing
License
a) Transfer of Victualing license from Kenyon Oil Co., to Drake Petroleum
Co., Inc. dba: Jamestown Xtra
Mart located at
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to grant the transfer of Victualing
License from Kenyon Oil Company to Drake Petroleum Company, Inc., dba: Jamestown Xtra Mart, with
extended hours. So
unanimously voted.
OPEN FORUM
1) Scheduled
request to address
a) Representative
Bruce Long re: legislative update
Representative Long was not present; however, the Town Clerk
distributed two letters to the Council from Representative Long.
2) Non-scheduled
request to address
Raymond Iannetta,
Mary Webster,
APPOINTMENTS AND RESIGNATIONS
None.
UNFINISHED BUSINESS
1) Victualing license application for BADA Bing, Inc. dba: Cove Grill (cont. from
The Town Clerk handed out a letter from BADA Bing, Inc. dba:Cove Grill owner Fred Bingell relinquishing his license because of non-use.
It was moved by Council President Littman, seconded by
Councilor Ferguson to accept the letter from Mr. Bingell. So unanimously voted.
2) Zoning
Certificate Fee (cont. from
a) Report from
the Building Official
It was the consensus of the Council to continue this report
to a another Council meeting when it is received from
the Building Official.
3) Vollmer
Associates contract amendment (cont. from
a) Town
Solicitor opinion
The Town Solicitor reported that the work detailed in the
amended contract was not covered in the original contract.
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to authorize the Town Administrator to sign the
contract amendment with Vollmer Associates on behalf of the Jamestown Town
Council. So
unanimously voted.
a) Discussion
regarding letter to Governor Carcieri
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to send a letter to the RIPTA Board, with a copy
to the Governor, thanking them, on behalf of the citizens of
NEW BUSINESS
1) Adoption of
Rules & Regulations for the Jamestown Police Department; if favorable
approve per Town Charter
It was the consensus of the Council to continue the adoption
of the Rules & Regulations for the Jamestown Police Department to the
2) Award bid
for a dump truck to the lowest bidder, Anderson Motors in an amount not to
exceed $63,632.00
The Town Administrator reported that there was approximately
$63,000.00 budgeted for the purchase of a dump truck.
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to award the bid for a dump truck to Anderson
Motors in an amount not to exceed $63,632.00.
So unanimously voted.
3) Letter from
the RIDOT, Engineering Division re: demolition of the old
The Town Administrator reported that he spoke with Mr.
Healey of RIDOT and was told that the hours for explosive demolition requiring
the closure of the Jamestown Verrazano Bridge would
be limited to the hours of 10:00 AM to 2:00 PM, Tuesdays through Thursdays
only. The Town Administrator reported
has not heard from the Department of Health regarding the installation of the
pipeline.
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to accept the letter from RIDOT. So unanimously voted.
4) Letter from
the Friends of Conanicut Battery re: porto-jons and water supply for an event on
It was moved by Councilor DiGiando,
seconded by Councilor Ferguson to approve the request from the Friends of Conanicut Battery to host a reenactment of a Revolutionary
military camp at the
EXECUTIVE SESSION
It was moved by Council President Littman, seconded by
Councilor DiGiando to enter in executive session at
10:15 PM, pursuant to RIGL 42-46-5 (a) (1) personnel. It was voted Councilor Ferguson, aye;
Councilor DiGiando, aye; Councilor Long, aye; Council
President Littman, aye.
Upon returning from
executive session, it was moved by Councilor DiGiando,
seconded by Council President Littman to seal the executive session minutes
from the public. It was voted, Councilor
DiGiando, aye; Councilor Ferguson, aye; Councilor
Long, aye; Council President Littman, aye.
It was moved by Council President Littman, seconded by
Councilor Ferguson to ratify Chief Tighe’s contract
in accordance with the terms as discussed in executive session.
It was moved by Council President Littman, seconded by
Councilor Ferguson to instruct the Town Solicitor to continue gathering
information for the Council as discussed in executive session. So unanimously voted.
It was the consensus of the Council to hold an executive
session regarding Personnel at the Board of Water and Sewer Commission meeting
on
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