TOWN COUNCIL MEETING

Jamestown Philomenian Library

26 North Road

Monday, March 14, 2005

7:00 PM

Interviews:

6:50 pm

Judith DiBello

Tree Preservation and Protection Committee

6:40 pm

Joseph Tamburini

Tree Preservation and Protection Committee

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)                  02/28/2005 Regular meeting

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)            Affordable Housing Committee (11/08/2004)

b)                  Jamestown Substance Abuse Prevention Task Force (02/02/2005, 03/02/2005)

c)                  Planning Commission (02/16/2005)

d)                  Library Board of Trustees (02/01/2005)

4)         CRMC Notices:

a)                  March 2005 Calendar

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

a)            Town of Hopkinton re: Senate Bill 2005S-0064 related to education

b)            City of Providence with copy of resolution from the Town of Smithfield re: health insurance costs

6)         Notice from RI Department of Administration, State Planning Council

a)                  Notice re: Recertification of the Metropolitan Planning Organization by the Federal Highway Administration and Federal Transit Administration

b)                  Notice re: Amendment to the Transportation Improvement Program

7)            Abatements/Addenda of Taxes

VI.            EXECUTIVE SESSION ANNOUNCEMENT

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

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

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

                        Town Administrators 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 them that I would like to call to the Council's attention:

 

a.     At your last meeting, Councilor Settipane requested that the Council consider developing either a policy or ordinance to deal with the issue of procuring engineering and architectural services. He had requested that this item be placed before the Council at future meetings to further the discussion.  I have spoken with Mr. Settipane and he and I are in agreement with developing such a policy. Enclosed with this report are three items to assist the Council. Item A are copies of all Rhode Island General Laws dealing with procurement. Item A1 is a letter from Solicitor Larry Parks providing the Council with an interpretation of the law in the selection of architects and engineers. Finally, Item A2 is a document developed by the Rhode Island Consulting Engineers through their Attorney Patrick Quinlan reviewing the issue of Qualification Based Selection.

 

b.     Last month, Attorney John Murphy approached the Council on behalf of his client William Straser, to purchase a portion of Columbia Avenue. The Council directed the Solicitor and me to review the issue and provide the Council with a recommendation. Bill Harsch and I have completed our review. Enclosed with this report is a memorandum from the Solicitor outlining our concerns with this purchase request. Based on these concerns, we are recommending that the Council vote to reject this proposal and notify Mr. Murphy of your decision. For the Council's information, I have notified Mr. Murphy of our proposed recommendation and he may decide to address the Council at Monday's meeting.

 

c.     Previously, the Council had authorized Mike Gray and me to seek bids to replace the roof, windows and overhead doors at the Fort Wetherill Building. We have completed the bidding process and, unfortunately, the news is not good. Enclosed with this report is a memorandum from Mike Gray providing the Council with the bid results. If the Council were to accept the low bid on each of the items, the cost would be $157,091.00 to complete the work. Since this amount is more that we have in available funds, Mike and I would recommend that the Council postpone awarding the bids until the Town receives the final re-use report from William D. Warner Architects.  I would ask the Council to take this action at Monday's meeting.

 

d.     I have received a letter from Patrick Lynch, Attorney General of the State of Rhode Island updating the Town on action he has taken with regard to the KeySpan LNG Marine Terminal proposal. He is inviting the Town to attend a summit of all cities and towns situated along Narragansett and Mount Hope Bays to review this issue in more detail. The meeting is scheduled for Thursday, March 24, 2005 at 6:00 p.m. at the Office of the Attorney General, 150 South Main Street, Providence. Please let me know if any of you wish to attend so that I can notify the Attorney General.

 

e.     I had brought to the Council's attention at your last meeting the issue of granting conservation restrictions on three parcels of land donated to the Town of Jamestown. The Council had requested copies of maps showing the locations of the three properties. I have enclosed with this report those requested maps.  To refresh your memory, the donated lots consisted of the Rank property, Lot 60 on Plat 5; the Uljens property, Lot 61 on Plat 5 and the Feeley property, Lot 329, Plat 16. After reviewing this matter further with the Solicitor, we are recommending that the Council give these three donated lots to the Conanicut Land Trust Corporation and obtain conservation easements from the Land Trust which run to the Town. It is my understanding that this is also the recommendation of the Water Resources Protection Committee.   If acceptable, I would ask the Council to consider taking this action at Monday's meeting.

 

2.     I had requested that the Council ratify my appointment of Chief Thomas Tighe as the Interim Emergency Management Director at an annual stipend of $5,000.00. Before taking such action, the Council wanted to know if this stipend would affect his longevity and retirement. I have investigated this matter and it will not. This stipend would be paid separately from his current salary and, therefore, would not increase either his longevity or retirement. Based on this, I would ask the Council to ratify this appointment. Thank you for your consideration.

 

3.     I have scheduled Attorney Carolyn Mannis to attend your March 28, 2005 meeting to discuss the proposed Noise Ordinance with the Council. After this meeting, if appropriate, we will schedule the Public Hearing to consider adopting the ordinance. For your review, as requested, I have enclosed with your packet under separate cover the noise readings taken by the Police Department. Please let me know if you require any additional information.

 

4.     For the Council's information, Arlene Petit has scheduled the Public Hearing on the proposed changes to the Tree Ordinance for your March 28, 2005 meeting.

 

5.     I would like to remind the Council that I will be presenting the Town Administrator's Proposed Operating Budget to the Council on Tuesday, March 15, 2005 at 6:00 P.M. in the Library meeting room. Each Council member should have received the budget last week. Please feel free to contact me prior to the Budget Hearing with any questions you may have. I look forward to discussing this proposal in more detail with you at the hearing.

 

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

1.   (b)           Columbia Avenue re: request to purchase a portion of abutting property owned by William Straser – as presented by John Murphy

i)      Recommendation by Town Administrator and Town Solicitor for denial of sale

                               (c)  Fort Wetherill Facility re:  bid for repairs

                                     i)   Request to postpone the awarding of bid

                               (e)  Conservation Easement on Donated Properties

i)   Recommendation to give three lots to the Conanicut                Island Land Trust with conservation easements granted to the Town

                        2.         Emergency Management Director

 i)   Request for ratification of appointment of Chief Thomas Tighe as Interim Emergency Management Director

VIII.            PUBLIC HEARING    

IX.            ORDINANCES AND RESOLUTIONS

1)         Proposed resolution in support of the Open Meetings Law for the General Assembly Rules (per Councilor Settipane)

X.            COMMMUNICATIONS AND PETITIONS

            1)            Letter from Bill Sheehan re: Ft. Getty and rights-of way

            2)            Copy of a letter to the Town Administrator from Marlene B. Murphy re:

Ambulance Association budget

3)         Copy of letter to Martin D. Wencek from Scott & Judy Green re: Plat 16 Lot 12; David Thurston property on Seaside Drive

4)         Copy of letter from the North Kingstown Council President to Colonel Kenneth T. Gareau re: Dutch Island training site

5)         Letter from Representative Bruce Long re:  request for support of House Bill #5030 prohibiting cities & towns from preventing their employees from volunteering as firefighters in their home communities

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)            Sunday Sales License - Renewal:

a)                  Cynthia L. Wolfe dba: Stonecraft Sterling

b)                  Jean Page, Inc. dba: Page’s Liquors

2)            Trash Collector– Renewal

a)                  Waste Management of RI, Inc. dba: Waste Management of RI, Inc.

XII.     OPEN FORUM

1)                 Scheduled request to address

a)            Rep. Bruce Long re: Legislative Update

2)                 Non-scheduled request to address

XIII.            APPOINTMENTS AND RESIGNATIONS

1)         Ratification of the appointment of Jason Hopkins as a permanent Police Officer on the Jamestown Police Department

XIV.            UNFINISHED BUSINESS 

1)            Rules of the House of Representatives 2005-2006 (cont. from 02/28/2005)

2)            Contract Bidding (cont. from 02/28/2005)

a)                  Memorandum from Councilor Guy J. Settipane

3)                 Establishment of a Board of Water and Sewer Commission (cont. from 02/28/2005) (per Councilor Settipane)

4)                 Conservation Easement on donated properties (cont. from 02/28/2005)

XV.      NEW BUSINESS  

            1)            Conanicut Marine Services Lease for Council consideration

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.