TOWN COUNCIL MEETING

Jamestown Philomenian Library

26 North Road

Monday, March 28, 2005

7:00 PM

Interviews:

6:40 pm

Emmett Turley

Coastal Resource Management Council Representative

6:50 pm

Nancy Mason

Affordable Housing 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)                  01/10/2005 Executive session

b)                  02/14/2005 Executive session

c)                  02/28/2005 Executive session

d)                  03/14/2005 Regular meeting

e)                  03/14/2005 Phase I Executive session

f)                    03/14/2005 Phase II Executive session

g)                  03/15/2005 Budget meeting

h)                  03/22/2005 Budget meeting

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)            Affordable Housing Committee (01/10/2005)

b)                  Beavertail State Park Advisory Committee (10/13/2004)

c)                  Harbor Management Committee

i)                    11/17/2004 Draft of Budget Committee meeting

ii)                   01/05/2005 Draft of Facilities Committee meeting

iii)                 02/08/2005 Regular meeting

d)                  Zoning Board of Review (02/22/2005)

4)            CRMC Notices:

            a)            Calendar – March 2005 (Amended)

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

a)            Town of Richmond re: health care and health insurance costs

b)            Town of New Shoreham re: KeySpan LNG and Fields Point LNG terminals

c)            Letter from the Mayor of Cranston re: Taxpayers Relief Act of 2005; H6095

            i)            Taxpayers Relief Act of 2005: H6095

d)            Letter from the Barrington Town Council re: pension benefit contributions

            6)            House Resolution in recognition of Representative Bruce J. Long

 

VI.                 EXECUTIVE SESSION ANNOUNCEMENT

 

 

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

 

1)         Town Administrator report –

 

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1.     Enclosed with this report are 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.     I have received a letter from Kenneth Bianchi, Executive Director of the Rhode Island Turnpike and Bridge Authority, informing the Town that they are planning on installing a perimeter fence on RITBA property adjacent to Bay View Drive. This is being done as a security measure based on recommendations from their insurance consultant. The RITBA intends to cooperate with the Town of Jamestown on this installation and will seek our input. I would ask the Council to provide me with any comments you may have relative to this matter and I will forward them to the RITBA.

 

b.     We have also received a letter from the Rhode Island Department of Transportation informing the Town that it is their intention to allow a 6-day work week (Monday through Saturday) for the Jamestown Bridge Demolition Project. This will result in a six month acceleration of the project, allowing it to be finished by the end of 2006, instead of the middle of 2007. I have reviewed this matter with Fred Brown to determine if there are any Town Ordinances regulating this matter and he has informed me there is nothing to prohibit the six day work week. Therefore, I would recommend that the Council not object to this proposed schedule.

 

c.     For the last two meetings I have requested that the Council consider granting conservation restrictions on three parcels of land donated to the Town of Jamestown. 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. At your last meeting, I proposed 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. The Council had requested that I provide you with copies of the deeds for the properties. I have enclosed them with this report. Please note that there is nothing in any of the deeds to prevent the Council from taking this action. Therefore, I would request that the Council take the above recommended action.

 

2.      The Council had requested that I contact the Rhode Island League of Cities and Towns to determine their opposition to House Bill 5030, which would prohibit towns from preventing their full time firefighters from serving on a volunteer department. I have spoken with Dan Beardsley, the Executive Director and he has provided me with the following reasons for their opposition:

 

Cities and towns would be responsible, under 45-19-1 for payment of full salary and all benefits if the fire fighter gets injured or becomes ill while engaged in volunteer firefighting activities, or there is a re-occurrence of an injury or illness. There is simply no way to prove that the injury or especially an illness was not contracted by the employee when on duty by their full-time employer.

 

Under 45-19-1, there is conclusive presumption that any "occupational cancer" was caused by virtue of one's employment as a fire fighter. The inhalation of poisonous gasses or exposure to cancer causing agents cannot be specifically identified to exact incidents, thus one could claim that the cancer was contacted while on the job of the employing community.           

                                        

Some communities have adopted the enabling authority on the books which provides that heart disease, hypertension and stress is conclusively presumed to be job related. Unfortunately, there would be claims that these illnesses were caused by work while on the job of the employing municipality.

 

Another concern expressed was the cumulative effect of hours volunteering in a district being added to one's regular shift hours as a paid firelighter, e.g. alertness, stress, proneness to illness and injury.

 

The Board believes that if the bill provided guarantees that communities would be held 100% harmless from these and other provisions of disability law that there wouldn't be any problems with -H 5030-—but Rep. Gorham seemed reluctant to consider a hold harmless provision.

 

The Council needs to determine whether or not to support the bill.

 

3.     Carolyn Mannis will be present at Monday's meeting in her capacity as Town Solicitor. I have scheduled her to discuss the proposed Noise Ordinance with the Council. Enclosed with this report (Item D) is the proposed draft ordinance. After this discussion with Attorney Mannis, the Council needs to determine whether or not to schedule the matter for a public hearing. We can discuss this further at Monday's meeting.

 

4.     The Council had asked me to determine when the current lease for the residence at the Beavertail Lighthouse expired. I have spoken to the Planning Board office and have been informed that it expires in September, 2005.   It is my understanding that the Affordable Housing Committee will be requesting time on a future Council Agenda to discuss this matter in more detail with the Council. I will keep the Council informed of any new developments with regards to this matter.

 

5.      As discussed at last week's meeting (Sewer/Water), I will be preparing a proposed draft policy for the Council's consideration that addresses the matter of bidding and the qualification based selection process. It is my intention to present this draft to the Council for consideration at your April 11, 2005 meeting.

 

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

1.  (c)            Conservation Easement on donated properties; namely Plat 5 Lots 60 and 61, Plat 16 Lot 329; if favorable

                        (i)   Donation of properties to Conanicut Land Trust Corporation

                        (ii)  Request for conservation easements to be placed on properties  

2.             House Bill 2005–H5030, an Act Relating to Health & Safety – Division of Fire Safety

3.            Proposed Noise Ordinance; if favorable, schedule hearing date

 

VIII.            PUBLIC HEARING    

 

1)      Proposed amendment to Section 22 of the Code of Ordinance re: Tree Preservation and Protection

 

 

IX.            ORDINANCES AND RESOLUTIONS

 

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

 

X.            COMMMUNICATIONS AND PETITIONS

 

 

1)         Letter from Josh Smith re: tax bill

2)         Letter from William Murphy re: EMS license

                        a)            Town Administrator letter of response

            3)            Letter from Colleen Smyth re: Richardson Landscaping    

                        a)            Building Official’s letter of response

            4)            International Brotherhood of Police Officers Local 305 re: grievance of

Officer Jason Hopkins

a)                  Town Administrator letter of response

5)         Rhode Island Department of Environmental Management re:  Project Priority List Request for Projects State Fiscal Year 2006

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)                 One Day Peddler License:

a)                  Friends of the Jamestown Fire Department and Ambulance Association to sell memberships along the East Ferry green (across from the Bay View Condominiums) during the Memorial Day Parade on Monday, May 30, 2005 from 10 a.m. – 1:00 p.m.

b)                  Quononoquott Garden Club to sell plants, planters and birdhouses at East Ferry (left of Veteran’s Square) on Saturday, May 14, 2005 from 9:00 a.m. to noon

 

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)         Affordable Housing Committee

a)            Resignation letter from William Murphy

2)         Personnel Board

a)            Resignation letter from Michael Schnack

3)         Tree Preservation and Protection Committee

a)            Memorandum from Town Clerk           

b)            Letter of resignation from Caroline Armington

c)            One (1) vacancy exists on the Tree Preservation and Protection Committee (effective May 1, 2005), term ending 12/31/2006; interviews complete.  If favorable appoint:

                                    i)            Letters of reappointment – none

                                    ii)            Letters of interest:

·        Judith DiBello

·        Joseph P. Tamburini

 

XIV.            UNFINISHED BUSINESS 

 

1)            Conservation Easement on donated properties (cont. from 03/14/2005)

                        a)            Request for addition information

2)         Proposed resolution in support of Open Meetings Law for the General Assembly Rules (cont. from 03/14/2005)

                        a)            Proposed resolution (per Councilor Settipane)

                        b)            Memorandum to School Committee (per Councilor Settipane)

3)                  House Bill 2005-H5030 An Act Relating to Health & Safety – Division of Fire Safety (cont. from 03/14/2005)

 

 

XV.            NEW BUSINESS  

 

 

            1)            Noise Ordinance

2)         Request for bid award for ambulance billing to Comstar, Inc. at 6.5% of total fees collected

3)         Property Tax Exemptions

a)            Proposed amendment to include provisions for the deaf (per Councilor Settipane)

 

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.