TOWN COUNCIL
July 22, 2002
A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:06 PM by Council President Guy J. Settipane. The following members were present:
David A. Swain, Vice President
Also present were:
Maryanne Crawford, CPA, Town Administrator/Finance
Director
Arlene D. Kalooski, Town Clerk
Douglas DeSimone, Esq., Town Solicitor
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
1)
SeaDish,
Ltd. d/b/a Tricia’s TropiGrille
a)
Appeal
of Notice of Violation (per Town Solicitor)
The Town
Solicitor related the events that led up to the notice of violation being sent
to Tricia’s TropiGrille. He stated that
the Police Chief issued a notice advising Tricia’s TropiGrille that there was a
violation of their license, that violation being that a service bar was being
utilized as a bar where patrons were sitting and being served. The site plan attached to the license that
was transferred from Beavertail Grille allowed a service bar to be used by the
restaurant staff only. The Town
Solicitor informed the Council that he had reviewed minutes of hearings for alcoholic
beverage licenses all the way back to 1992 and advised that he was in agreement
with the Chief’s position and therefore, a letter was forwarded to the owners
of Tricia’TropiGrille.
Attorney Turner Scott, representing
Tricia’s TropiGrille noted that the owners were not aware of the site restrictions
attached to the liquor license but thought their plans had been accepted. He further noted that his clients were under the impression that a new site plan
had been forwarded to the Council for their review. Mr. Turner requested that the establishment be allowed to
continue serving in their present manner until this issue is resolved. It was noted by the Town Solicitor and Mr.
Scott that the new site plan was presented after the hearing date and approval
of the license for Tricia’s Tropi Grille; that hearing being held on May 13,
2002.
Patricia A. Masso, owner of
Tricia’s Tropi Grille, informed the Council that they had the documents
prepared for the hearing; however, no one requested them. Ms. Masso further noted that they were
submitted with the license as required.
Mr. Masso indicated that he brought
the site plan to the building official when applying for his permits for
renovation to 14 Narragansett Avenue to see if there were any problems. Mr. Masso stated that he showed Mr. Brown the
service bar, which included an extension with eight bar stools, but total
seating capacity was reduced; Mr. Brown did not indicate that there were any
problems with the this plan.
Members of the Council expressed
concern that the site plan, as presented by Mr. Masso, was not in their packet
when considering the transfer of license.
The Town Clerk assured the Council that the site plan had not been
received prior to the hearing.
The Town Solicitor noted that
restrictions imposed on a license are carried over for the life of the license
unless a hearing is held to otherwise amend it. The Town Solicitor informed the Council that the building
official does not have the authority to lift restrictions on liquor licenses. It was noted by Council President Settipane
that the building official would only be reviewing plans for issues relating to
zoning or building codes.
Council President Settipane noted
that the request for license transfer was listed on the Agenda for hearing on
May 13, 2002, there was no indication that a request for expansion of business
was to be considered.
Council President Settipane
inquired if it would be possible to put a stay on the notice of violation until
this matter could be resolved. The Town
Solicitor advised that the liquor control laws are silent as to the powers to
the Board of License Commissioners once a notice of violation is issued. Because the State has delegated through the
municipality broad discretion over the sale of alcoholic beverages, they do in
fact have the authority to grant a stay.
Attorney Quentin Anthony,
representing George Tournas, owner of 10 Narragansett Avenue, presented
information relating to the outside patio area. Mr. Anthony indicated that this area was at one time and should
be now, a parking area. Additionally,
Mr. Anthony suggested that in his opinion it was not legal to put a stay on the
cease and desist order.
Council President Settipane noted
the short summer season and his concern that Mr. Masso’s business would be
adversely effected while these issues were being resolved.
Lilliam Hadfield, 10 Narragansett
Avenue requested that the Council not allow the continuation of service in the
outdoor patio because it is too noisy and close to the apartment building where
she lives.
There being no further comments and
following deliberation by the Council, the hearing ended. It was moved by Council President Settipane,
seconded by Councilor Swain to order a temporary stay of the enforcement with the
stay being up until 9:00 PM of the use of the outdoor facility for serving
alcoholic drinks until August 13, 2002 when there will be a full hearing on
this matter. It was voted, Councilor
Swain, aye; Councilor Willis, aye; Council President Settipane; Councilor Long,
nay. The motion passed with three in
favor and one opposed.
Upon the request of Attorney John
Murphy, the Council moved the entertainment license for Tricia’s TropiGrille to
be heard at this time.
NEW BUSINESS
2) Tricia’s
Tropi Grille re: entertainment license
The Town Solicitor instructed the Council that
pursuant to Rhode Island State Law, when issuing entertainment licenses,
restrictions shall be uniform throughout the municipality. Mr. DeSimone further noted that it would be
without regard to what zoning district the property is in. Mr. DiSimone advised the Council that he
believed the restriction on the entertainment license for Tricia’s Tropi
Grilleis not the same as others and therefore, not enforceable.
Council President Settipane stated
that he would like to hear this matter coupled with the hearing on the
alcoholic beverage license and inquired if Mr. Masso would be willing to
maintain the hours as stated on his present license. Mr. Masso stated that he believed 6:00 PM to 10:00 PM seven
nights a week in the summertime should be considered by the Council.
The Town Solicitor advised that
before the Council took any action, he be allowed to review other entertainment
licenses issued in the Town.
Several neighboring residents spoke
out against the noise and the close proximity of the bar and tables to their
apartments.
Lillian Hadfield, 10 Narragansett
Avenue
Albert Hall, 10 Narragansett Avenue
George Tournas, 10 Narragansett
Avenue
Donna Mignella, 12 Union Street
Bayview Condominimum resident
(unnamed)
Attorney Quentin Anthony asked the
Council how can entertainment take place in a spot that was dedicated to
off-site parking. Council President
Settipane noted that the issue of off-site parking is a zoning issue and suggested
that Mr. Anthony proceed as he sees fit.
It was moved by Councilor Willis,
seconded by Council President Settipane to continue this matter to August 13,
2002. It was voted Councilor Willis,
aye; Councilor Long, aye; Council President Settipane, aye; Councilor Swain,
nay. The motion passed with three in
favor and one opposed.
1)
One Day Peddler License
Bruce
Long 08/10/2002 Feast of the Holy Ghost (PAC Club)
Mr. Bruce Long informed the Council
that all profit for the selling of Del’s Lemonade would go directly to the
Feast of the Holy Ghost celebration.
It was moved by Councilor Willis,
seconded by Councilor Swain to grant the peddler’s license to Bruce Long for
August 10, 2002. So unanimously voted.
CONSENT AGENDA
It was requested that item #2 be removed from the
Consent Agenda. It was moved by
Councilor Long, seconded by Councilor Swain to approve the Consent Agenda as
amended. So unanimously voted. The Consent Agenda consists of:
1)
Adoption
of Council minutes:
a)
07/08/2002
2)
3)
Copies
of Minutes of Boards & Committee meetings:
a)
Harbor
Management Commission (06/12/2002, 06/19/2002)
b)
Jamestown
Conservation Commission (06/11/2002)
c)
Jamestown
Quonset Davisville Liaison Committee (06/18/2002)
d)
Jamestown
Substance Abuse Prevention Task Force (06/05/2002)
e)
Water
Resource Protection Committee (06/12/2002)
4)
Proclamations
and Resolutions from other communities:
1)
Hopkinton
Town Council re: State of Rhode Island
weapons training facility
5)
Naval
Station Newport Restoration Advisory Board minutes (06/19/2002)
6)
Tax
Abatement/Addenda
*************************************************************************
2)
Bills
and Payroll
Councilor Willis requested
additional information on repairs to the police station hot water system in the
amount of $3000.00. The Town
Administrator informed the Council that these funds were budgeted for under
capital improvement.
It was moved by Councilor Willis,
seconded by Councilor Long to approve the bills and payroll. So unanimously voted.
EXECUTIVE
SESSION ANNOUNCEMENT
Council
President Settipane announced that there would be an executive session later in
the evening, pursuant to RIGL 42-46-5(a) (2) litigation and 42-46-5(a) (5) real
estate.
Richard
Allphin requested additional information on the issue relating to
litigation. The Town Solicitor noted
that this is regarding the Cox Communication lease.
1)
Pursuant
to RIGL 42-46-5(a) (2) litigation
a)
Cox
Communication
2) Pursuant to RIGL 42-46-5(a) real estate
PUBLIC HEARINGS
OPEN FORUM
1)
Scheduled
request to address
a)
William
Johnstone re: Summit Avenue and
Prospect Street
Mr. Johnston informed the Council
that he lives at 40 Summit Avenue and feels unsafe. He noted that there have been instances when he has felt
threatened. Additionally, Mr. Johnstone
informed the Council that the Town removed a tree three or four feet from his
property line. Mr. Johnstone said that
there are problems with the maps in that area and noted that Prospect Street is
in his backyard.
The Town Administrator informed the
Council that it was her understanding that there was tree trimming in that area
and was unaware of any tree being cut down.
The Town Administrator noted that she has worked with Mr. Johnstone in
the past to resolve some issues.
The Town Solicitor informed the Council that there was
litigation regarding adverse possession in that area; however, it has not been
completed.
Council President Settipane
requested that the Town Administrator research the access to the road and tree
cutting and report back at the next Council meeting.
2)
Non-scheduled
request to address
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1)
Town
Administrator’s Report (as attached hereto)
The Town
Administrator reported that the reservoir is down fifteen (15) inches and
recommended that the major water ban be lifted. The lifting of the all out water ban would leave the normal
restrictions in place. The Town
Administrator informed the Council that the Town staff has worked with Mark
Edwards from US Filter, an expert in this field and has changed the chemical
balance at the reservoir enabling the facility to run in a more efficient
manner. The Town Administrator noted
that she would like to budget funds in the future for Mr. Edwards to evaluate
the water system on a two or three year basis.
It was the consensus of the Council to return to normal water
restrictions.
The Town
Administrator informed the Council that an offer has been made to a candidate
for the Wastewater Management position; however, as with other candidates, this
position is being declined because of lack of benefits. The Town Administrator suggested prorating
benefits on a single level as with other part-time employees of the Town. It was the consensus of the Council to allow
the Town Administrator to offer benefits as requested.
William Munger inquired if the restriction
for boat washing could be lifted.
Council President Settipane suggested that Mr. Munger raise that
question at the Board of Water and Sewer Commissioners meeting.
2) Harbor Management Commission (one
vacancy; Interested, Otherwise Unaffiliated; term ending 12/31/2004), if
favorable, appoint (all applicants have been interviewed)
a) Mary Ann Joyce
b)
Dennis
Owens
c)
Richard
Ventrone
It was moved
by Councilor Willis, seconded by Council President Settipane to appoint Dennis
Owens as the Harbor Management Commission representative for the position of
Interested, Otherwise Unaffiliated, term ending 12/31/2004. It was voted Councilor Swain, aye; Councilor
Willis, aye; Council President Settipane, aye; Councilor Long, nay. The motion passed with three in favor and
one opposed.
3) Town
Planner
a)
High
Groundwater Table Ordinance (proposed zoning ordinance amendments related to
protection of critical lands containing freshwater wetlands, high ground water
table and/or shallow impervious layer)
The Town Solicitor informed the
Council that the High Groundwater Table Ordinance is presented to the Council
for the setting of a hearing date.
It was moved
by Councilor Willis, seconded by Council President Settipane to set the High
Groundwater Table Ordinance down for public hearing. It was moved by Council President Settipane seconded by Councilor
Willis to amend the motion to include that the clerk be directed to advertise
and set down a hearing date. The
amended motion was unanimously voted.
4) Jamestown
Quonset Davisville Liaison Committee
a.
Letters
to candidates re: Quonset Davisville
port
b.
Letters
to neighboring communities re:
Environmental Impact Statement
It was moved
by Councilor Long, seconded by Councilor Willis to send the letters as drafted
by the Quonset Davisville Liaison Committee to candidates for Governor, Lt.
Governor, US Representative US Senators and our neighboring communities. So unanimously voted.
5)
Memorandum
from Town Solicitor re: Charter
Amendments
The Town Solicitor discussed Sec. 1002
(1) whereby the Council may limit the minimum number of members on Town Boards,
Commissions and Committees.
Following Council discussion, it
was moved by Council President Settipane, seconded by Councilor Willis to
establish a minimum number of members in Sec. 1002 to three (3). So unanimously voted.
UNFINISHED
BUSINESS
1)
Beavertail
Lighthouse Keeper
a)
Lease
The Council reviewed the lease for
the position of Beavertail Lighthouse Keeper.
Of concern, was the section under Termination and Renewal; in
particular, whether the lease was to be renewed if the lessee so choose.
The Town
Solicitor noted that the lease was vague and he was of the opinion that there
was an intention that if the lease was to be renewed it would require the
agreement of both parties and with no terms and conditions for renewal it would
be unenforceable.
There was extended discussion
relating to the intent of the statement included in the lease under the heading
“Termination and Renewal”; that being, “Upon completion of a satisfactory
annual inspection and satisfactory performance of the terms and conditions of
the agreement, this agreement shall be renewable for a period of three (3)
years.”
Councilor Littman arrived at 9:30 PM
Councilor Littman was updated on
the previous discussion regarding the Beavertail Lighthouse Keeper lease.
There was also discussion relating
to this property being considered as an affordable housing opportunity.
Consideration being that the applicant must have the ability and skills to
perform the necessary duties at the lighthouse.
Nick Robinson, Affordable Housing
Committee member, stressed that the property has been used in the past as an
opportunity for affordable housing and requested that the Council consider it
as such at this time.
The Town Administrator suggested
that she be allowed to advertise for the position and noted that the present
lighthouse keeper would not be precluded from applying.
Councilor Long presented a letter
from Richard Shutt, the present tenant, informing the Council that he was
exercising his option for renewal of the Beavertail Lighthouse caretaker’s
lease.
Councilor Littman requested that
the minutes of the Town Council for the meeting that the Beavertail Lighthouse
Keeper lease was approved be provided to the Council for review.
It was moved by Council President
Settipane, seconded by Councilor Long to allow the Town Administrator to begin
advertising for tenants no later than August 1st and that a decision
regarding Mr. Shutt and renewable be had in consideration with other applicants
by the first Town Council meeting in September.
Councilor Swain requested that the
two items be kept separate.
It was voted, Councilor Long, aye;
Council President Settipane, aye; Councilor Littman, nay; Councilor Swain, nay;
Councilor Willis, nay. The motion
failed with three opposed and two in favor.
The Town Solicitor suggested that
the Beavertail Lighthouse lease be discussed in executive session at the next
meeting.
It was the consensus of the Council
to put the Beavertail Lighthouse lease on the executive session agenda for the
next Council meeting.
2)
Highway
Barn
a)
Cost
Upon review of the figures
presented by the Town Administrator it was noted that Lot 47 was used as rather
than figures for the transfer station.
It was moved
by Council President Settipane, seconded by Councilor Willis that this matter
be continued to the August 13, 2002 Town Council meeting. So unanimously voted.
3)
Proposed
Noise Ordinance (from Town Solicitor)
a)
For
review
b)
Set
date for workshop
It was noted that the proposed
Noise Ordinance as presented is in draft form and will require a work session
to be held. It was suggested that the
Police Chief provide input regarding decibel levels. Additionally, penalties to be considered for this ordinance
should be discussed.
It was moved by Council President
Settipane, seconded by Councilor Long that a date for a work session be
administratively set. So unanimously
voted.
4)
Proposed Charter Amendments (from
Town Solicitor)
a)
Questions
for November ballot (FINAL form due to Secretary of the State August 7, 2002)
The
Town Solicitor noted that the proposed amendments before the Council have been
put in question form to be placed on the November ballot. In addition, there is the actual text for
these proposed amendments to the Charter.
The Town Solicitor informed the Council that in order for these
questions to appear on the ballot the Council must make the appropriate
vote.
Council
President Settipane noted that question number 2 should be clear as to “there
shall be no financial benefit.” The
Town Solicitor assured the Council that the question requires that all elected
and appointed in the Town comply with the Code of Ethics legislation, rather
than only requiring that statement; therefore being more inclusive.
Following
further review, Section 1002 has been added to limit terms and membership on
Town Boards, Commissions and Committees and is listed as question number 28.
It was moved by Councilor Willis, seconded by
Councilor Swain that we approve the questions that pertain to the Town Charter
and authorize the Town Solicitor to clean up any language that he feels needs
to be corrected in consultation with Sav Rebecchi, Charter Commission Chair and
prepare it for the November ballot. So
unanimously voted.
COMMUNICATIONS
1)
Letter
from Thomas F. Ginnerty re: speeding in
the Shores area
Gin nerty. Accept refer to police dept. swain willis so unan
Lincoln Almond. Long move to accept swain so un
Emmet e turley
Long littman move to accept so unan
Friends of Jamestown skaters, littman long move to accept. So unan
Calisle addressed council: DEM grant: must construct project this year or loose the money. Reviewed figures. Requested to go for bid now so construction can be completed in time to receive the DEM money.
TA: nothing legally preventing ; however without funds would suggest not doing this. 91….. 2nd tape……. Concerns of town administrator.
TS. No prohibition against allowing the bidding process prior to raising all the funds.
Carlisle several grants out there. Cham;lain grant will not let them know until December $10,000.
Sav Rebecchi: difficult to raise funds before you know what you need.
Move to authorie the ta working with mr. Carslile to draft an rfp 166….. so unanimously voted.
SCHOOL BUDGET
Interpretation from solicitor., once funded issue is out of the hands of the council. 181….
Reserve fund.
School committee has received opinion of their town solicitor.. TS believes school committee must give notice 202……………..
Surpluses shall remain with the school committee ; however if it is going to be spent it must go before the electors.
Settipane is playground part of capital expenses. TS.. yes it is.
TA reviewed events.
BOND:
272 TA enquired if this would be necessary to go on the November ballot. TS: will contact bond attorney for an opinion
Settipane Littman subjet to clearance from bond council So unanimously voted. 290….
Engineering costs for design of collection system.
Need letter of intent prior to Sigmund associates proceeding with project.
Move to approve Subject to administrator and solicitors approval. So unanimous Long willis.
10:20 esecutive session.
Roll call vote all aye. So moved.
2)
Letter
from the Honorable Lincoln Almond re:
grant from RI Small Cities Community Development Block Grant Program
(CDBG)
3)
Communication
from Emmet E. Turley re: Jamestown Town
Barn – comments (rough draft)
4)
Letter
from Friends of Jamestown Skaters, Inc. re:
project update
NEW BUSINESS
2)
One Day Peddler License
Bruce Long 08/10/2002 Feast of the Holy Ghost (PAC Club)
Previously addressed.
2) Tricia’s Tropi Grille re: entertainment license
Previously addressed.
3)
Collection
System Rehabilitation (Sewer Rehabilitation)
a)
Bond
$2,000,000.00 (per Town Administrator)
b)
Engineering
costs for design of collection system
EXECUTIVE SESSION