TOWN COUNCIL MEETING

Jamestown Philomenian Library

26 North Road

Monday, February 14, 2005

7:00 PM

 

Interviews:

6:30 pm            Rosemary Forbes – Woodside Library Board of Trustees

6:40 pm            Bob Bowen      Harbor Management Commission

6:50 pm            Chris Brown     Harbor Management Commission

 

I.          CALL TO ORDER

 

II.         ROLL CALL

 

III.       AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

 

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.

 

V.        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.

1)         Adoption of Council minutes:

a)         01/31/2005 Regular meeting

2)         Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Town Buildings and Facilities Committee  (05/25/2004)

b)         Harbor Management Commission (12/08/2004, 01/25/2005)

c)         Zoning Board of Review (11/23/2004)

d)         Board of Canvassers (08/24/2004, 10/12/2004, 10/26/2004, 11/30/2004)

e)         Personnel Board (10/14/2004, 01/27/2005)

f)          Library Board of Trustees (01/04/2005)

g)         Tree Preservation and Protection Committee (12/21/2004)

h)         Water Resources Protection Committee (10/27/2004, 12/14/2004)

4)         CRMC Notices:

a)         February 2005 Calendar (amended 2/3/2005)

5)         RIDEM Notices:

a)         Insignificant Alteration – Permit re: Michael Dutton, Application 04-0605 Request for Preliminary Determination – Freshwater Wetlands Program (Approximately 100 feet east of Prospect Street, approximately 300 feet northeast of its intersection with Holly Street, Assessor’s Plat 1, Lots 61, 243, 244 & 246, Jamestown)

b)         RIDEM re:  Announcement of Availability of Draft 2004 303(d) List of Impaired Waters

c)         Notice re: David Thurston, 181 Lloyd Rd, Saunderstown requesting at alter a freshwater wetland located at Plat 16 Lot 12 at the intersection of Seaside Drive and Frigate Street

6)         Proclamations & Resolutions from Rhode Island cities and towns:

a)         Town of Smithfield re: health insurance

7)         Abatements/Addenda of Taxes

 

VI.       EXECUTIVE SESSION ANNOUNCEMENT

1)         Pursuant to RIGL 42-46-5 (a) (5) (real estate) re: lease negotiations (per Town Administrator)

 

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

 

Town Administrator’s Report

 

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1.     Enclosed with this report are several correspondence received in my office since the last Council Meeting. I have enclosed them with this report for your review and information. There are a few of the correspondence that I would like to call to the Council's attention:

a.    At last week's meeting, Chris Powell and Jennifer Talancy presented the Council with a proposal to construct an Osprey Observation Area at the Water Treatment Plant on North Road. The Council took that matter under advisement and requested additional information from Mr. Powell and Ms. Talancy, as well as, an opinion from the DPW Superintendent. Enclosed-with this report is Mr. Goslee's response to this proposal. Basically, based on the proposed improvements to the Treatment Plant and anticipated recommendations from the Department of Public Health concerning plant security, Mr. Goslee is recommending against using the existing Water Treatment Plant parking lot for this purpose, I have informed Mr. Powel! of Mr. Goslee’s concerns and he plans on addressing them at Monday's meeting.

b.    The Council had requested that I review the budget for the Town's proposed Fiscal Year 2005 Transportation Enhancement Project proposal for Phase- II of the Downtown Improvement Project. The original budget presented to the Council requested $760,000.00. I have reviewed the budget with Lisa Bryer, and before we submitted it to the State on February 4th, we increased the budget by $50,000.00 for a final submittal of $810,000.00. Enclosed for the Council's review is the final budget.

c.     As the Council is aware, new Rhode Island State Law requires certain buildings to be equipped with a fire suppression system (sprinkler system). This law applies to the Community Center. In last year's Capital Budget, the Town appropriated $100,000.00 for this purpose. However, it was later determined that fire alarm systems had to be installed in the Town Hall, Town Office Building and Highway Barn. This work has been completed at a cost of $40,000.00, leaving a balance of $60,000.00 to install a sprinkler system at the Community Center. I had planned on requesting an additional appropriation ($40,000.00) in the FY 2006 Capital Budget, however, this will no longer be necessary. Enclosed with this report is a letter from Tyco Fire Products informing the Town that an anonymous donor has come forward providing the Town with a substantial material donation to complete this project. In addition, Tyco is also working with several fire sprinkler design professionals in an attempt to secure a pro bono donation of the system design. The Town would only be responsible for installation. We believe the remaining funds in the Capital Budget will be sufficient for this purpose. I would ask that the Council vote to accept this very generous donation and authorize me to proceed with the work.

 

d.     The Council had requested that we place on this meeting's Agenda a final resolution to the Clancy's request for a Sunday Sales License at 382 North Road.  For the Council's information, the Zoning Enforcement Officer has informed the Clancys that they need to return to the Zoning Board of Review if they want to conduct any retail sales at this location. I have enclosed a copy of Mr. Brown's letter to the Clancys with this report. Therefore, Mr. Brown and I are recommending that this issue be tabled until the Zoning Board of Review addresses this matter.

e.     As directed by the Council, I sent a letter to the Department of Environmental Management in an effort to determine their future plans for Dutch Island. This past week, I received a phone call from the Deputy Director of DEM, Larry Mouradjian, to discuss this matter in more detail. According to Mr. Mouradjian, in order to determine this, DEM has undertaken a review of all the Islands. They are planning on holding public hearings on each Island to allow for public input. They hope to complete this review and implement their decisions by this Summer. They are beginning with Prudence Island and then will hold a public hearing on Dutch Island. Mr. Mouradjian will inform me when a date is set for this hearing. Therefore, the Council should table the National Guard request until after this hearing has been held and a final decision is made. I will continue to keep the Council updated.

f.     In conjunction with the Finance Office, I am in the process of developing bid specifications to hire a company to conduct third party billing for the Ambulance. With the Council's approval, we plan on going out to bid in the next week. In addition, the Council needs to determine how rates will be set and how the billing program will be administered. To that end, we have researched other Towns and would recommend that the Council adopt the enclosed Resolution that would authorize the collection of the fees and authorize the Town Administrator to update the rates as required from time to time based on industry allowed standards. I would ask that the Council vote to adopt this resolution at Monday's meeting.

2.     Related to the Ambulance, the Incentive Committee is continuing its review of a proposed compensation plan. Based on concerns raised by the Town Solicitor, the Incentive Committee will be meeting directly with him to address his concerns directly before coming before the Council with a recommendation. Once we have met with the Solicitor (scheduled for February 15th) and refined the proposal, we will schedule the matter for your consideration.

3.     I would like to request that the Council authorize me to reimburse Department Heads mileage at the IRS rate (currently $0.405), as opposed to the current rate of $0.26 per mile. The IRS rate is the rate at which the Town reimburses Union employees for the use of their vehicles. It is my understanding that this change was negotiated with the Unions in their last contract. It does not make sense to me to reimburse one employee at one rate and another employee at another rate.  I would recommend that we be consistent in the manner we treat employees. Thank you for your consideration.

4.     In reviewing this week's Agenda, I have noticed that the Council needs to approve many licenses. I am not sure what has been the Council's practice in the past, but since this is a routine matter and in an effort to make the meeting more efficient, I would ask that the Council approve all licenses in one motion, unless there is a specific license you would like to discuss in more detail.

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1)         Town Administrator report - the following action items are referenced in the Town Administrator’s report:

1)         (a) Osprey observation area (Marsh Meadows Overlook)

(c) Recreation Center sprinkler system donation; request to accept donation

(f) Resolution on Emergency Medical Services billing for Council adoption

3)         IRS rate mileage reimbursement for Department Heads for approval                       

            2)         Tax Assessment Board of Review

a)         Revised letter from Chair re: appeals

3)         Conservation Commission

a)         Memorandum from Chair re: Proposed expansion of West Ferry Mooring Field

4)         Tree Preservation and Protection Committee

            a)         Letter from Chair re: Proposed Fee Schedule

 

VIII.     PUBLIC HEARING   

 

IX.       ORDINANCES AND RESOLUTIONS

            1)         Resolution No. 05-002R re: Emergency Medical Services Billing

 

X.        COMMMUNICATIONS AND PETITIONS

            1)         Letter from Bill Sheehan re: Fort Getty

            2)         Letter from US Senator Lincoln Chaffee re: 2006 Budget

3)         Letter from RI Senator Paul W. Fogarty re: Senate Bill 2005 S-0064, An Act Relating to Education

4)         GZA GeoEnvironmental, Inc. - Quarterly Groundwater Monitoring Reports

a)         September 2004

b)         December 2004

            5)         Copy of letter from Rep. Bruce Long to the Statewide Planning Council

 

XI.       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)         Event application for Save the Bay dba: Save the Bay Swim scheduled for July 30, 2005 (fog date: July 31, 2005) from     6:00 am to 1:00 pm at Potter’s Cove/Taylor Point

            2)         Sunday Sales License - Renewal:

a)         Ace’s Pizza, Inc. dba: Aces’s Pizza

b)         Alexander Enterprises dba: Narragansett Café

c)         Alfred B. Bingell dba: House of Pizza

d)         Allan Randall dba: Randall Art Gallery

e)         Baker’s Pharmacy dba: Barker’s Pharmacy

f)          Barbara & Michael Gallo dba: Theatre Family Restaurant

g)         Conanicut Island Art Association dba: Conanicut Island Art Association

h)         Conanicut Marine Services, Inc. dba: the Conanicut Store

i)          Conanicut Yacht Club dba: Conanicut Yacht Club 

j)          Cumberland Farms, Inc. dba: Cumberland Farms Store #1108

k)         Debsbeads

l)          Doriana Carella dba: the Village Hearth Bakery

m)        Drake Petroleum Company, Inc. dba: Jamestown Xtra Mart

n)         Fountain Flowers, Inc. dba: the Secret Garden

o)         Gail Chase dba: Hodgkiss Farm

p)         Grapes & Gourmet, Inc. dba: Grapes & Gourmet

q)         Islandish, Ltd. dba: Chopmist Charlies

r)          Jamestown Boat Yard, Inc. dba: Jamestown Boatyard

s)         Jamestown Christmas Trees dba: Jamestown Christmas Trees

t)          Jamestown Designs dba: Jamestown Designs

u)         Jamestown Hardware, Inc. dba: Jamestown True Value Hardware

v)         Jamestown Oyster Bar, Inc. dba: Jamestown Oyster Bar

w)        Jian Sheng Ni dba: Peking Garden

x)         Long Wharf Marina Restaurant, Inc. dba: Bay Voyage

y)         Lorensen Associates dba: Dutch Harbor Boatyard, Inc.

z)         Lucky Ridge Co., LLC dba: Spinnaker’s Café

aa)       New England Golf Course Management, Inc. dba: Jamestown Golf & Country Club aka: Caddy Shack

bb)       Ocean Essence Spa

cc)       Portuguese American Citizens Club dba: Portuguese American Citizens Club

dd)       R & R Enterprises dba: R & R Gallery

ee)       SeaDish, Ltd. dba: Tricia’s Tropi-Grille

ff)         Slice of Heaven, Inc. dba: Slice of Heaven

gg)       Trattoria Simpatico, Inc. dba: Trattoria Simpatico

hh)       TMT, Corp. dba: McQuade’s Laundromat

ii)         TMT, Corp. dba: McQuade’s Supermarket

jj)         Zeek’s Bait & Tackle, Inc. dba: Zeek’s Bait & Tackle

            3)         Trash Collector Licenses - Renewal:

a)         BFI Waste of Fall River/Allied Systems dba: BFI Waste of Fall River/Allied Systems

b)         Island Rubbish, Inc. dba: Island Rubbish

4)         Peddler’s License – Renewal:

a)         AB Monroe Dairy, Inc. dba: AB Monroe Dairy

b)         Alfred B. Bingell dba: Freddie Bing’s Hotdog Thing

c)         Del’s Lemonade & Refreshments, Inc. dba: Del’s of Jamestown

5)         Private Investigator License – Renewal:

a)         South Shore Investigation Agency dba: Malcolm Brown

 

XII.      OPEN FORUM

1)         Scheduled request to address

2)         Non-scheduled request to address

 

XIII.     APPOINTMENTS AND RESIGNATIONS

1)         Harbor Management Commission

a)         2004 Attendance record

b)         Letter from Richard Condon re: resignation

c)         Letter from Dennis Owens re: resignation

d)         Two (2) vacancies exist on the Harbor Management Commission, terms ending 12/31/2007 for a Riparian Property Resident (Harbor Waters) and a Non-Boating Resident.  Duly advertised and interviews complete, if favorable:

i)          Letter(s) of reappointment - none

ii)         Letters of interest:

           Robert Trout

           Sandra B. “Bunny” Wayt

           Patrick Bolger

           Robert Bowen

           Chris Brown

 

XIV.    UNFINISHED BUSINESS

1)         Marsh Meadows Overlook (cont. from 01/31/2005)

            a)         Memorandum from Chris Powell re: additional information

 

XV.      NEW BUSINESS  

            1)         Letter from N.C. Mitchell re: grant application for the study of coyotes

 

XVI.    EXECUTIVE SESSION

 

XVII.   ADJOURNMENT

 

Pursuant to RIGL § 42-46-6(c) Notice of this meeting shall be posted on the Secretary of State’s website and at the Town Hall and the Jamestown Philomenian Library.

 

In addition to the two above-mentioned locations, notice also may be posted, from time to time, at the following locations:  Jamestown Police Station; Town Office; and on the Internet at www.jamestownri.com/meetings/index.htm and www.jamestownri.net/council/council.html

 

ALL NOTE: This meeting location is accessible to the physically challenged.  Hearing or speech impaired individuals requiring the services of an interpreter should call 1-800-745-5555 or 423-1212 not less than 3 business days prior to the meeting.