TOWN COUNCIL MEETINGSeptember 23, 2002 (as amended on October 15, 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 PresidentKenneth G. LittmanNorma B. WillisAbsent: David J. Long Also present were: Maryanne Crawford, CPA, Town Administrator/Finance DirectorArlene D. Kalooski, Town ClerkDouglas R. DeSimone, Esq., Town SolicitorMatthew Bolles, Parks and Recreation DirectorChristina Collins, Deputy Finance DirectorJames R. Bryer, Fire ChiefRobert Dolan, Tree CommitteeRepresentative William H. MurphyRepresentative Bruce LongJames Nadeau, Auditor AWARDS, PRESENTATION AND ACKNOWLEDGMENTS 1) James Nadeau & Company – Town Audit review Mr. Nadeau presented an Executive Summary of the Audit of 2001-2002 Financial Statements. Mr. Nadeau reported that the Town of Jamestown has continued to earn an unqualified auditors’ opinion, which is the highest level of assurance that can be received. The Town remains in a very strong financial position. Every fund of the Town from the smallest special revenue fund to the general fund had positive fund equity and positive surplus at February 28, 2002. Mr. Nadeau reported on specific funds: General Fund It was reported that the general fund operating loss for the fiscal year ended February 28, 2002 was $151,111; however, the Town’s budgeted loss was $522,773. The Town’s operating results exceeded budgeted results to the extent of $371,662. The general fund unreserved fund balance at February 28, 2002 was $2,363,179; total fund equity was $3,441,124. This represents a very strong financial position. School Unrestricted Fund Mr. Nadeau noted that the School Department’s unrestricted operating fund had an operating surplus totaling $296,347 for the fiscal year ended February 28, 2002. The School Department’s unreserved fund balance at year-end was $452,949; total fund equity was $555,949. Capital Projects Funds All the Town’s capital project funds had positive fund equity. Capital Improvement Fund had fund equity in the amount of $911,684; School Capital Improvement Fund had fund equity in the amount of $338,214; Wetland Open Space had fund equity in the amount of $15,753; and Library Building Fund had fund equity in the amount of $9,042. Total Capital Projects Funds equity as of February 28, 2002 was $1,274,693. Enterprise Funds All three of the Town’s enterprise funds generated operating profits for the fiscal year ended February 28, 2002 and had positive fund equity at year-end. Harbor Management Fund had an operating profit of $2,640 and fund equity of $94,701; Water Fund had an operating profit of $199,936 and a fund equity of $358,876; the Sewer Fund had an operating profit of $2,158 and a fund equity of $788,767. Total operating profit was $204,734 and a fund equity of $1,242,344.In other matters, Mr. Nadeau noted that the fair value of the assets of the police pension fund exceed the actuarial accrued liability to the extent of $1,043,513.00. Accordingly, this plan is over funded to this extent as of the most recent actuarial valuation date (March 1, 2001). This represents an increase totaling $771,598.00 since the previous actuarial valuation (March 1, 1998). Given the carnage in the equity markets of the past two years, the Town is encouraged to have a current actuarial valuation performed. The Town Administrator reported that the actuary study is in the process of being completed and it is expected that information will be made available to the Council prior to the end of the current budget process. Councilor Willis suggested that Mr. Nadeau go through his recommendations. Additionally, Councilor Willis asked if the funds from the Water and Sewer Department were appropriately applied to the correct funds. Mr. Nadeau mentioned that there is an effort to cross bill services and the Town has made significant strides in to get those issues squared away. Mr. Nadeau noted that one of the tenants for a good internal control system, is segregation of accounting release so that no one individual has complete control over an entire transaction. Presently, there are not sufficient personnel to segregate those duties. Mr. Nadeau reviewed a new financial reporting model by the Governmental Accounting Standards Board. Statement Number 34 must be implemented by February 28, 2004 and will require that the Town present financial statements using the full accrual method of accounting. The new statement also requires the reporting of infrastructure fixed assets and the recognition of depreciation expense for all funds. The Deputy Finance Director, Christine Collins, informed the Council that she would be budgeting for the new software in the next Town budget. Councilor Littman inquired into the debt limit that the Town could incur. Mr. Nadeau noted that the Town could borrow 3% of assessed value of real estate; which approximates $27,502,364. As of February 28, 2002, the Town’s debt was under the limit by $21,084,004. Additionally, he noted that sewer bond funds would be exempt from this regulation. There being no further comments, the Council thanked Mr. Nadeau for his attendance. SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION 1) Island Beverage, Inc. d/b/a Jamestown Liquors (continued from 8/26/2002) a) Location of Class A license (as requested by Quentin Anthony) i) Letter from Quentin Anthony re: update on progress It was moved by Councilor Swain, seconded by Councilor Littman to accept the letter from Quentin Anthony. So unanimously voted.It was moved by Councilor Swain, seconded by Councilor Willis that Island Beverage, Inc. be removed from future agendas unless otherwise notified by Council. So unanimously voted. CONSENT AGENDA It was requested that items 1 (a) and 2 be removed from the Consent Agenda. It was moved by Councilor Littman, seconded by Councilor Swain to approve the Consent Agenda as amended. The Consent agenda was as follows: 1) Adoption of Council minutes: b) 08/26/2002 (regular meeting) c) 09/09/2002 (regular meeting) 3) Copies of minutes of board and committee meetings: a) Planning Commission (08/07/2002) b) Zoning Board of Review (08/27/2002) c) Conservation Commission (07/09/2002, 08/20/2002) d) Board of Canvassers (08/20/2002) e) Jamestown Philomenian Library (08/20/2002) 4) Zoning Board of Review – Notice to abutters a) David E. Berry et ux, 103 Howland Avenue; Plat 9, Lot 730 5) RICRMC notices: a) Notice of violation: Town of Jamestown for installation of an unauthorized float in tidal waters (East Ferry Marina, Conanicus Avenue) 6) IBPO Local 305 Grievance 7) Abatements/Addenda of taxes report of Tax Assessor **************************************** 1) Adoption of Council minutes: a) 08/13/2002 (regular meeting – as amended on 08/26/2002) Council President Settipane requested that the Clerk review the tape for the Council meeting of August 13, 2002 and to include the information relating to the approval of Fred Brown on the initial application for transfer in May and return the minutes for Council review. 2) Bills and payroll Councilor Willis inquired into several of the bills: American Engineering, Inc. The Town Administrator noted that this bill was for the update of plat maps. Lorusso Corp. in the amount of $1,321.26 did not have an explanation of what was being billed. GZA billing shows up several times. The Town Administrator explained that it was for the testing of water samples that were done in March. These bills were originally pulled because there were questions about an increase in price. The testing will now be done in house. Narragansett Electric billing for Ft. Getty. The Town Administrator noted that the meters had not been read for the last two months and that this is billing for actual use. It was moved by Councilor Willis, seconded by Councilor Swain to approve bills and payroll. So unanimously voted. EXECUTIVE SESSION ANNOUNCEMENT None PUBLIC HEARINGS None OPEN FORUM 1) Scheduled Requests to Address2) Non-Agenda Requests to Address Nick Robertson, Carr Lane requested Council’s permission to speak when the Council addresses the Highway Barn. Representative William Murphy updated the Council on the Russian fishing vessels. Mr. Murphy stated that he spoke to RIDEM and was informed that there is a possibility that the Russian fishing vessels will be coming back. Mr. Murphy noted that he will be meeting with EDC on Friday at 9:00 AM at Quonset and invited the Council to attend. Mr. Murphy mentioned that there are other areas being considered for the dockage of these vessels. Olafur Gislason, Beavertail Road stated that the seafood industry is growing on the island. Mr. Gislason recommended that the Council take the position that Quonset Point would be the appropriate venue for transshipment and subsequent freezing of seafood. This would create jobs and encourage the exportation of the fish products that are not commonly used in this area. Council President Settipane commented that RIDEM has promised that the Town would be allowed input into any decision to allow these fishing vessels back in this area and requested that Representative Murphy keep the Council informed relating to this issue. REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS 1) Town Administrator’s report ------------------------------- Town Administrator's Report September 9, 2002 The following report consists of items of general interest to the Council. I will be pleased to provide any additional clarification or information you require. A few weeks ago I offered the position of wastewater management coordinator to Justin Jobin. Justin accepted the job and has been working about twenty hours a week for the past three weeks. He has been working predominantly on public education materials while reviewing different software programs. Recently Justin assisted with the educational portion of the wastewater management program for the Town of Charlestown. With Justin on board, I anticipate the Town's wastewater management program will move forward. I received the attached communication from Bob Sutton, Chief of Planning far RIDEM. One of the items RIDEM agreed to, as a condition of the road cut permit, was to overlay Fort Wetherill Road from the entrance of the boat ramp parking lot at Fort Wetherill Park to the new Fish and Wildlife parking lot. I have reviewed this request with Steve Goslee and I had a follow-up conversation with Bob Sutton. Included in your package is the schedule for the installation of the new electrical cable across the east passage. Since Narragansett Electric anticipates installing the cable in October, Steve and I have decided it is best to wait until the next oiling/paving season to complete the work on Fort Wetherill road. I have no problem with the Town completing the work and being compensated by RIDEM for labor, materials, and equipment cost. The work to be completed includes skimming the road, followed by resurfacing it with oil and blue stone. Bob Sutton is agreeable to waiting until next season and compensating the Town for their services. In the next few weeks, I will place in advertisement an the Providence Journal for a Town Engineer. In the past year, a number of Town departments used the contracted services of an engineer for various projects. The need for these services will continue in the coming year. To help with continuity, it would be in the best interest of the Town to have the same individual work on the various projects. Currently, I see this person as a consultant and not as an additional staff member. As you know we have budgeted for a Town Engineer. When I was appointed Town Administrator, a condition of my appointment was to attend class or take courses, which would lead towards a Masters in Public Administration. Following through on their directive, I applied and was accepted in URI's Masters in Public Administration Program. As of the end of July I completed all required course work, passed the comprehensive exam and received my Masters in Public Administration from the University of Rhode Island. I would like to thank the current council and past councils (and especially my husband) for their support in this endeavor. For your information I have attached the following documents: Copies of the most recent test results for the landfill -------------------------------- In addition to the Town Administrator’s report, the following items were discussed. Jamestown Varrazanno Bridge The Town Administrator reported that she has spoken to the Director of RIDOT, William Ankner and to Joseph Brady regarding the delays on the bridge. It is expected that RIDOT will be in contact with her to discuss ways of alleviating this problem. Additionally, the Town Administrator reported that it is expected that the she will meet with RIDOT prior to the beginning of the second half of the project, which is scheduled sometime after April. Health Care The Town Administrator invited Council members to a workshop on health care with the Trust on October 3, 2002 at 7:30 PM in the Jamestown School. Noise Ordinance Brooks Acoustics Corporation will be providing services relating to the proposed Noise Ordinance for no more than $1,500.00. These funds will be taken from incidentals and emergencies. Community Center Project The Town Administrator recommended that the town would be using asphalt and next year follow up with blue stone and sealing on the side of the Community Center. Councilor Swain suggested that the project be completed this year rather than waiting for next year for the blue stone. Pat Eannarino requested that the Town obtain an opinion from the Town Consulting Engineer, Richard Pastore, as to what surface should be considered for that area. It was the consensus of the Council that the Town Administrator should contact Mr. Pastore for an opinion on this and to continue it on the agenda. Water Conservation Councilor Swain, addressing conservation measures, asked why the flower shop and the car wash were not on the same water conservation schedule. Councilor Swain noted that the Secret Garden was notified that they could no longer continue watering; however, the car wash was extended to 48 inches below capacity before they had to discontinue their services. The Town Administrator reported that the Rules and Regulations adopted by the Council specifically note that the commercial car wash could continue to operate until the reservoir level is 48 inches below capacity. It was the consensus of the Council that this be put on the next council agenda for a special session of the Board of Water and Sewer Commissioners at 6:30 PM on October 15, 2002. Wastewater Management Council President Settipane requested that Justin Jobin, the new On-Site Wastewater Specialist be on the October 15, 2002 Council agenda to discuss the procedure for voluntary compliance of the On-Site Wastewater Ordinance. The Town Administrator reported that Mr. Jobin is currently working on procedure, educational materials and application. Following a discussion by the Council and Town Administrator, it was moved by Councilor Willis, seconded by Council President Settipane to discuss all wastewater management issues at Town Council meetings. So unanimously voted. 2) Parks and Recreation memoranduma) Skate Park Bid re: bid received from Sam Batterson in the amount of $71,000.00 (recommendation to deny) Clayton Carlisle, representing the Friends of Jamestown Skaters, presented a brief summary of the plans for the skate park. Mr. Carlisle noted that the amount of the bid received is in line with what was anticipated and lower than what one would expect a project of this scope would cost. Mr. Carlisle recommended that the Town proceeds with the project and move forward with executing the contract upon satisfactory completion of required contractual obligations. Mr. Carlisle informed the Council that if the Town commits to signing a contract to construct the facility, the Friends of the Jamestown Skaters would continue to coordinate all items, such as site preparation, with Matt Bolles. Mr. Carlisle stated that they are hoping to begin the project in October. The Recreation Director Matthew Bolles, informed the Council that he has researched other less expensive alternatives for constructing a skate park. Mr. Bolles recommended construction of a modular park with a phenolic fiber laminate surface known as skatelite pro. The surface being recommended is extremely hard and friendlier to skaters than concrete. Additionally, Mr. Bolles stated that a modular park could be added on to if the park becomes popular or could be scaled down or removed if necessary; all features that a concrete structure would not allow. Mr. Bolles informed the Council that this type of structure could be built now with the present funding. Councilor Littman inquired if the funds to rehabilitate the basketball court could be deferred towards the skate park. Mr. Bolles reported that the paving of the basketball court must be done regardless. Steve Lane, Design Committee member for the skate park stated that the committee is looking for a commitment from the Town in order to take advantage of matching grant funds. The Town Solicitor advised that the Town does not have the authority under the Charter to guarantee payment for an unfunded project. Councilor Swain suggested that it would be necessary to advertise an RFP for the modular design and perhaps while that is being done, Mr. Carlisle could work with the Town Administrator to renegotiate the bid he has received. It was moved by Councilor Swain, seconded by Councilor Willis to task the Recreation Director and Town Administrator to put out a bid RFP on a modular design skate park consistent with what was previously designed for a board and cast version and to have the results of that bid to the Council by the next Town Council meeting on October 15, 2002. So unanimously voted. b) Theater Drapery Project re: bid received from High Output of Providence in the amount of $6,900.00 (recommendation to accept) Parks and Recreation Director, Mathew Bolles, informed the Council that the draperies would replace the present draperies, which are not flame retardant. It was moved by Councilor Willis, seconded by Councilor Littman to award the bid for the flame-retardant draperies to High Output of Providence for not more than $6,900.00. So unanimously voted. 2) Jamestown Affordable Housing re: Beavertail Lighthouse Lease It was moved by Councilor Swain, seconded by Councilor Willis to accept the communication from Jamestown Affordable Housing. So unanimously voted. 3) Tree Preservation & Protection Committee re: Jamestown Tree Trust Fund Bob Dolan Tree Committee member, presented a draft of a Trust Donation and Stewardship Agreement for the Council’s consideration. Mr. Dolan informed the Council that it is the Tree Committee’s hope that this will promote the donation and care of trees on Town owned property. It was the consensus of the Council that this be reviewed with the Town Administrator and Town Solicitor and placed on the agenda for the next Council meeting. UNFINISHED BUSINESS 1) Highway Barn Site and size (continued from 8/26/2002) Council President Settipane reviewed the new information recently received on cost estimates for the proposed highway facility. It was the consensus of the Council that the site and building cost estimates for the proposed locations were too high. Councilor Willis commented that she is still very interested in cutting the size of the facility down and the way we store the equipment. Additionally, Councilor Willis inquired if we could consider a pole barn type structure in order to keep the square footage costs down. The Town Administrator recommended keeping the size of the barn at 11,120 sq. ft., as recommended by the committee. This facility, if built as recommended, should last the Town for many years. Additionally, the Town Administrator recommended selecting a site and then designing a building for that site. Nick Robertson, Carr Lane, previous Highway Barn Committee member, stated that the Town has spent a lot of money on engineering studies over the last four or five years. In addition, Mr. Robertson noted that both committees studying the proposed Highway Barn have made the same recommendations. Mr. Robertson suggested that the Council follow those recommendations. Council President Settipane reviewed previous committee recommendations, noting that both committees recommended nine bays; seven bays for the Department of Public Works - two of which would be heated, one for the Recreation Department and one for the Fire Department. Council President Settipane introduced a conceptual design of an alternate site at Fort Wetherill. This site consists of approximately 3.50 acres and would include rehabilitation of the existing building for use as office and storage and for a new facility to be constructed to the west consisting of 8 bays. It was noted that this site would require less funds for site preparation and with use of the existing building, less funds for construction. Additionally, the Fire Chief reported that a hook-up for the fire alarm is already located in that area and could be tied into for a new facility. Council President Settipane pointed out that the fire alarm hook-up would be an additional $60,000.00 savings. The Council discussed restrictions on the Fort Wetherill property when it was acquired by the Town in 1974. Council President Settipane referenced the agreement with the Federal Government whereby those restrictions were released. When questioned, Mr. Robertson informed the Council that he was unaware that those restrictions had been lifted. Laszlo Siegmund, consulting engineer informed the Council that he has inspected the present facility in the past and would expect it to cost approximately $160,000.00 to $180,000.00 to rehabilitate the existing building. Other comments taken from the public included the following suggestions: The possibility of constructing a less costly passive facility in conjunction with the more costly active facility. The need for a master plan of Town facilities, which would include a comprehensive plan of present and future needs. Upon the end of the presentation, the Town Administrator stated that this plan seems doable. It was the consensus of the Council that the Highway Barn be continued to the next Town Council meeting for further discussion on costs and zoning on October 15, 2002. It was moved by Council President Settipane, seconded by Councilor Swain to include the conceptual design documents into the record. So unanimously voted. The Council took a five-minute break at 9:50 PM. 2) Jamestown Historical Society re: management of Conanicut Battery on Prospect Hill (continued 8/26/2002) The Town Solicitor informed the Council that he has reviewed the communication from the Jamestown Historical Society and suggested that a memorandum of understanding, with an annual renewal be considered. It was moved by Councilor Swain, seconded by Councilor Littman to authorize the Town Administrator to work with the Town Solicitor to finalize the details outlined in the communication between the Jamestown Historical Society, dated August 2002 for the maintenance and continuance of the quality of work done there. So unanimously voted. 3) Sidewalk repairs a) Assessment of sidewalks on Narragansett Avenue, Pemberton Avenue (near apartments) and the waterfront area at East Ferry (continued from 09/09/2002) The Town Administrator informed the Council that a report on sidewalk repairs would be available at the next Town Council meeting. Council President Settipane requested that the report also contain a record of repairs made. It was the consensus of the Council that this be continued to the next Town Council meeting on October 15, 2002. 4) Wastewater Management Plan (continued from Water and Sewer meeting 09/16/2002) No action taken. COMMUNICATIONS 1) Copy of letter to the Chief of Police from William S. Munger re: unauthorized floats CRMC 3224) It was moved by Councilor Willis, seconded by Council President Settipane to accept the communication regarding unauthorized floats. So unanimously voted. The Town Solicitor informed the Council that this is in reference to the installation of a float that the Town has never received an assent to install. Mr. Munger has been advised that the float must be removed. Councilor Willis expressed her concern that a committee appointed by the Council did not come to the Council with a complaint rather than going directly to State. 2) C. Ken DeLucia re: proposed Zoning Ordinance amendment It was moved by Councilor Swain, seconded by Councilor Willis to accept the letter from C. Ken DeLucia. So unanimously voted. 3) Robert B. Gates re: proposed Zoning Ordinance It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter from Robert B. Gates. So unanimously voted. 4) David S. Martin re: High Groundwater Table Ordinance It was moved by Councilor Willis, seconded by Councilor Littman to accept the communication from David S. Martin. So unanimously voted. 5) Town of South Kingstown in support of the position statement submitted by the Jamestown Town Council regarding the scoping process for proposed Quonset Davisville Port It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from the Town of South Kingstown. So unanimously voted. 6) Town of Portsmouth in support of the position statement submitted by the Jamestown Town Council regarding the scoping process for proposed Quonset Davisville Port statement It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from the Town of Portsmouth. So unanimously voted. 7) Tom Johnson re: non-conforming dwelling It was moved by Councilor Willis, seconded by Councilor Swain to accept the communication from Tom Johnson. So unanimously voted. NEW BUSINESS 1) Friends of Jamestown Skatersa) Request for bid approval in the amount of $71,000.00 Previously addressed. 2) Narragansett Electrica) Request for permission to install and maintain underground facilities (Fort Wetherill Road, Pole 3 and Pole 5-2) The Town Administrator recommended that the Council approve the request by Narragansett Electric to install and maintain underground facilities at Fort Wetherill Road. It was moved by Councilor Littman, seconded by Councilor Willis to approve the petition of Narragansett Electric requesting permission to install and maintain underground facilities (Fort Wetherill Road, Pole 3 and Pole 5-2). So unanimously voted. 3) Representative Bruce J. Longa) Copy of letter sent to RIDOT re: drainage at west end of Narragansett Avenue Representative Murphy informed the Council that he has been working with the Town Administrator and with Joseph Brady and John Nicholson of RIDOT regarding several issues. Several options were discussed; one being asphalt lift curbing. It is expected that this will be completed by the end of October or November. Representative Long informed the Council that it was his understanding from the Town Administrator and Public Works Director that the installation of granite curbing could be used to alleviate the problem. Mr. Long informed the Council that he has requested that the State provide assistance to the Town by providing the curbing for this project. It was the consensus of the Council that the Public Works Director and the Town Administrator work with Representatives Murphy and Long to resolve the drainage at the west end of Narragansett Avenue. 4) Siegmund and Associates, Inc. a) Sanitary Sewer Pipeline Rehabilitation Project i) Bid Tabulation and Review) Request to award bid to Pipelining Products, Inc. in the amount of not more than $730,725.00It was moved by Councilor Littman, seconded by Councilor Willis to award the bid for the Sanitary Sewer Pipeline Rehabilitation Project to Pipelining Products, Inc in the amount of not more than $730,725.00. So unanimously voted. b) Sanitary Sewer Manhole Rehabilitation Project i) Bid Tabulation and Review ii) Request to award bid to Boyle & Fogarty Construction Co., Inc. in the amount of not more than $107,000.00 It was moved by Councilor Willis, seconded by Councilor Swain to award the bid for the Sanitary Sewer Manhole Rehabilitation Project to Boyle & Fogarty Construction Co., Inc. for not more than $107,000.00. So unanimously voted. OPEN FORUM cont. Representative Bruce Long informed the Council that he is looking into why the Jamestown Bridge needs so much repairs after only ten years. Mr. Long also noted that he has expressed his concern relating to the traffic holdup. The Town Administrator reported that she has had a discussion with Mr. Ankner at RIDOT and will continue to keep the Council updated. There being no further business before the Council, it was moved by Councilor Swain, seconded by Councilor Willis to adjourn the meeting at 10:25 PM. So unanimously voted. Attest: Arlene D. KalooskiTown Clerk