TOWN COUNCIL MEETING

December 9, 2002

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Community Center, 41 Conanicus Avenue, at 7:00 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth J. Littman

David J. Long

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Town Solicitor

Fred Pease, Town Sergeant

James R. Bryer, Fire Chief

Present for presentations were:

Laszlo Siegmund, Siegmund and Associates

Thomas Todd

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

    1. Proclamation honoring Andrew Johnson as new Eagle Scout

It was moved by Councilor Littman, seconded by Councilor Willis to adopt Proclamation No. 02-026P.

Councilor Littman read the proclamation honoring Eagle Scout Andrew Johnson for this outstanding achievement.

2) Presentation by Tom Todd re: proposed sites for the Highway Barn Facility:

a) Transfer Station

    1. Lower Taylor Point
    2. Upper Taylor Point

d) Fort Wetherill

Thomas Todd presented information to the Council relating to the proposed sites for the Highway Barn Facility. Using slides and drawings, Mr. Todd offered project cost estimates for a new highway barn.

Although Mr. Todd included Fort Wetherill information, it was his recommendation that this site was not suitable for the highway barn; however, Mr. Todd did strongly recommend renovating the existing Town building at Fort Wetherill.

Additionally, Mr. Todd calculated that for a $2,000,000.00 facility for 20 years, at 4% interest, the annual cost would be $145,435.00 or, using $251,000.00 as the average assessed value of properties and with 3,600 taxable properties, the aggregate tax increase would be $40.00 per year.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1) Letter from Sydney Waller of Golden Marina Group re: status of an application for a Class A (retail) Liquor License

It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter from Sydney Waller of the Golden Marina Group. So unanimously voted.

CONSENT AGENDA

It was requested that items # 2 be removed from the consent agenda. Motion by Councilor Willis, seconded by Councilor Swain to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:

1) Adoption of Council minutes:

      1. 11/25/2002 Regular Meeting
    1. Copies of Minutes of Boards & Committee Meetings:
    1. Zoning Board of Review (10/22/2002)
    2. Conservation Commission (10/08/2002)
    3. Water Resource Protection Committee (10/23/2002, 11/13/2002)

4) CRMC Notices:

a) Workshop re: How to Plan and Permit a Dredging Project in RI on December 11th at 6:30 pm at the URI Bay Campus

b) December 2002 Calendar

5) RI DEM notices

a) Draft RI Pollutant Discharge Elimination System (RIPDES) permit #RI0023621

    1. 2002 Land Conservation Report

6) Press Release

a) Town Buildings and Facilities Committee

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2) Bills and Payroll

The Town Administrator provided additional information regarding the bill for the Portuguese American Citizenís Club and the Secret Garden.

It was moved by Councilor Willis, seconded by Councilor Littman to accept the bills and payroll. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

Council President Settipane opened the hearing at 7:30 PM.

The Town Solicitor noted that the Council provided for the legislation to be passed allowing for tax exemptions for Persons Visually Impaired, Volunteer Ambulance and Fire Department, Gold Star Parents and Qualifying Veterans. These tax exemptions were authorized at the Financial Town Meeting, now, the next step in the process is for the Council to pass ordinances relating to these tax exemptions.

Council President Settipane invited comment from the audience. There being no comments, the hearing was closed at 7:35 PM.

1) Proposed Tax Exemption Ordinances:

a) Persons Visually Impaired

It was moved by Councilor Littman, seconded by Councilor Willis to adopt the Tax Exemption Ordinance relating to Persons Visually Impaired. So unanimously voted.

    1. Volunteer Ambulance and Fire Department

It was moved by Councilor Littman, seconded by Councilor Willis to adopt the Tax Exemption Ordinance relating to Volunteer Ambulance and Fire Department. So unanimously voted.

c) Gold Star Parents

It was moved by Councilor Littman, seconded by Councilor Willis to adopt the Tax Exemption Ordinance relating to Gold Star Parents. So unanimously voted.

    1. Qualifying Veterans

It was moved by Councilor Littman, seconded by Councilor Willis to adopt the Tax Exemption Ordinance relating to Qualifying Veterans. So unanimously voted.

OPEN FORUM

    1. Scheduled Requests to Address

None

2) Non-Agenda Requests to Address

Representative Bruce Long reported that he has been informed that Mayflower International continues to work with RIDEM and the Governorís office to locate anchorage for the Russian fishing vessels. Presently, they are looking at two areas located in the East Passage south of the Newport Bridge and in the West Passage south of the Jamestown Bridge. Representative Long informed the Council that RIDEM is still in the process of discussing the noise issues as presented by the Council.

The Town Solicitor noted that the hearing for permit approval is set for January 6, 2002. It was requested that the Town Administrator report back to the Council with the comment deadline regarding anchorage for the fish-processing vessels.

David Lussier, 2 Prospect Avenue requested to be heard when the Council discussed the Highway Barn.

Sav Rebecchi, Sail Street, informed the Council that the application for Mayflower International is for five years.

The Town Administrator stated that she would work with Representative Bruce Long on gathering additional information regarding the fish processing vessel.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administratorís report

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Town Administrator's Report

December 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.

I have completed my recommended budget for fiscal 2003/04. 1 have attached the proposed schedule for the budget hearings. Superintendent Kathy Sipala has reviewed the schedule for the School hearing and the School Committee is available to meet on the dates proposed. If there are no conflicts with the remaining schedule, I am requesting the Council approve the schedule of budget hearings as proposed.

In anticipation of at least one police officer retiring this year, Chief Tighe had sent a candidate to the police academy. The officer graduated two weeks ago. This week Chief Tighe transferred an officer to light duty for approximately six months because of a medical reason, a second officer was injured on duty, and a dispatcher just went out on family medical leave. We have secured a grant to fund the temporary officer until March 1, 2003. This temporary officer will be sworn in at the next Council meeting.

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The Town Administrator reported that the budget has been completed and the dates for budget hearings have been set for Council approval. With two of the Council members unable to attend the January 7 budget hearing, it was requested that the date be changed to January 6.

It was the consensus of the Council to adopt the budget hearing schedule with a change in the January 7 date.

    1. Planning Commission
    2. a) Memorandum re: Town Plannerís salary

      It was moved by Councilor Willis, seconded by Councilor Swain to accept the memorandum from the Planning Commission. So unanimously voted.

      b) Memorandum re: proposed Zoning Ordinance Amendment related to the Protection of Critical Lands Containing Freshwater Wetlands, High Groundwater Table and/or Shallow Impervious Layer

      It was moved by Councilor Swain, seconded by Councilor Littman to schedule and advertise the proposed Zoning Ordinance Amendment related to the Protection of Critical Lands Containing Freshwater Wetlands, High Groundwater Table and/or Shallow Impervious Layer as proposed by the Planning Commission for public hearing. So unanimously voted.

    3. Town Clerk

a) Memorandum re: 08/26/2002 minutes

The Town Clerk informed the Council that upon review of the August 26 meeting, it was found that a vote by the Council was inaccurately recorded.

It was moved by Council President Settipane, seconded by Councilor Littman to amend the minutes as reflected in the tape and reported by the Town Clerk. So unanimously voted.

    1. Memorandum re: School Department Budget

Councilor Littman reported that he attended the School Committee meeting regarding the school budget as recommended by the Superintendent. No action taken.

    1. Conservation Commission
    2. a) Memorandum re: Town Highway Barn location

      It was moved by Councilor Willis, seconded by Councilor Swain to accept the memorandum from the Conservation Commission. So unanimously voted.

    3. Quonset/Davisville Liaison Committee
      1. A vacancy exists (terms unspecified); duly advertised; if favorable, appoint John P. Collins per Town Council recommendation 11/25/2002

It was moved by Councilor Willis, seconded by Councilor Long to appoint John P. Collins to the Quonset/Davisville Liaison Committee. So unanimously voted.

b) Letter to the Council re: recommendation to Governor-elect Carcieri

The letter proposed by the Quonset/Davisville Liaison Committee to be forwarded to Governor-elect Carcieri was reviewed by the Council.

It was moved by Councilor Swain, seconded by Council President Settipane to accept the communication by Dennis Webster, Chairperson of the Quonset/Davisville Liaison Committee to Governor-elect Carcieri. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Willis to authorize the Clerk to forward the letter proposed by the Quonset/Davisville Liaison Committee to Governor-elect Donald Carcieri. So unanimously voted.

UNFINISHED BUSINESS

1) December 23rd Town Council meeting re: Change/Cancellation (cont. from 11/25/2002)

It was the consensus of the Council to schedule the last meeting of the year on December 16, 2002. The meeting will be held following the Board of Water and Sewer Commission meeting.

2) Skateboard Park per Town Solicitor

The Town Administrator requested that this issue be continued until December 16, 2002, at which time, at the request of the Town Solicitor, it will be heard in executive session pursuant to RIGL 42-46-5 (a) (2) contract negotiations regarding issues of performance.

It was the consensus of the Council that the issue relating to the contract for the Skateboard Park be heard in executive session on December 16, 2002.

3) Seasonal Event application for the Special Olympics (Penguin Plunge) on January 1, 2003 at noon; location: Mackerel Cove Beach (cont. from 11/25/2002)

Upon the recommendation of the Chief of Police, it was moved by Councilor Willis, seconded by Councilor Littman to approve the Special Olympics Penguin Plunge on January 1 at Mackerel Cove Beach at noon. So unanimously voted.

4) Jamestown Housing Authority (continued from 11/25/2002)

a) Request to waive Pilot Funds

b) Verbal request for continuance to next Council meeting

The Clerk noted that Ms. Sirje Carl and Mr. Ernest Anthony were unable to attend the meeting this evening and have requested that their request to waive Pilot Funds be continued to January 13, 2002. No action taken.

5) Highway Barn

a) Lower Taylor Point site

b) Size and site location (on agenda for vote per Council President Settipane)

As the Council requested at a previous meeting, Laszlo Siegmund of Siegmund and Associates, Inc. presented the approximate site preparation cost of locating the highway facility on Town property west of the Wastewater Treatment Plant (lower Taylor Point site). This approximation took into consideration 9,200 square feet for storage and repair bays and 1,200 square feet for office and small parts storage space; for a total of 10,800 square feet.

Mr. Siegmund presented Alternate "A", located at the most westerly part of the parcel with a preliminary estimated cost of site preparation at $410,000 plus a 20% contingency for a total of $490,000.

Alternate "B", which would utilize the existing grassy path, upgraded to the necessary standard to access the proposed facility. Alternate "B" would provide the same components as Alternate "A". Estimated cost of site preparation for Alternate "B" would be $324,000 plus a 20 % contingency for a total of $390,000.

Prior to opening the meeting up for public comment, Councilor Swain suggested addressing the letters listed under communication. Council vote is reported under communications.

David Lussier, Prospect Avenue, opposes Transfer Station site.

Arthur Milo, Walnut Street, opposes Taylor Point site.

Alexander Wharton, Narragansett Avenue/Arnold Avenue, in favor of Transfer Station site and recommended additional buffering.

Andrew Yates, Mt. Hope Avenue, presented a map of proposed sites and travel time across the island.

Leo Errara, no address given, opposes Taylor Point site.

Nick Robertson, Carr Lane, in favor or Transfer Station site.

Douglas Ouelette, Pemberton Avenue, Chief Operator of the Waste Water Treatment Center, expressed his concern over increased traffic and the overcrowding of the Taylor Point site.

Dennis Webster, Mt. Hope Avenue, presented a proposed drawing of the structure and expressed his concerns with the plans for the facility.

Mary Webster, Mt. Hope Avenue, in favor of the Transfer Station site as recommended by the committees and by GZA GeoEnvironmental.

Sheri Lussier, Prospect Avenue, expressed her concerns regarding the endangerment of the wells in that area; she opposes Transfer Station site.

Raymond Iannetta, North Main Road, expressed his concern with the potential pollution of land surrounding the Transfer Station site; he opposes the Transfer Station site.

William Munger, Cole Street, favors the Taylor Point site.

Daniel OíNeil, Summit Avenue, favors Taylor Point site.

Donna OíNeil, Summit Avenue, opposes the Transfer Station site.

Sav Rebecchi, Sail Street, noted that the presentation by Thomas Todd did not include the $500,.000 remediation for the Transfer Station site.

Arek Galle, Clinton Avenue, directed several questions to Mr. Siegmund and suggested that all Town facilities and needs be evaluated.

Victor Richardson, Hamilton Avenue, expressed his concern that land be available in the event that the Sewer Plant should ever require expansion or upgrading.

Following Council discussion on the sites and size of facility, Council Settipane called for a vote on the size of the facility.

It was moved by Councilor Willis, seconded by Councilor Swain that the determined size of the Highway Facility be approximately 11,000 square feet and the operation be placed in one location. So unanimously voted.

The Council further discussed the site location; however, it was the consensus of the Council that the additional information presented this evening should be further reviewed prior to any decision being made.

It was the consensus of the Council that the site location be continued to the next Town Council meeting.

COMMUNICATIONS

    1. Copy of letter from A. B. Wharton re: location of proposed Highway Barn
    2. It was moved by Councilor Swain, seconded by Councilor Willis to accept the communication from A.B. Wharton. So unanimously voted.

    3. Letter from David Lussier re: Highway Barn location
    4. It was moved by Councilor Swain, seconded by Councilor Willis to accept the letter from David Lussier. So unanimously voted.

      NEW BUSINESS

      1) Letter to the Town Council from Statewide Planning re: Comprehensive Community Plan

      It was moved by Council President Settipane, seconded by Councilor Swain to accept the correspondence from Statewide Planning regarding the Comprehensive Community Plan. So unanimously voted.

      2) Petition from Conanicut Park residents to request "Residentís Only" parking at Park Dock during June, July and August

      It was the consensus of the Council that the petition from Conanicut Park residents be referred to the Parking Committee.

      The Town Administrator informed the Council that the Parking Committee is presently discussing this issue.

    5. Seasonal Event application for Save the Bay (Save the Bay Swim) on July 19, 2003 from 5 am to 11 am; location: Potterís Cove/Taylorís Point

It was moved by Councilor Littman, seconded by Councilor Willis to approve the Save the Bay Swim scheduled for July 19, 2003 from 5:00 am to 11:00 am. at Potterís Cove. So unanimously voted.

There being no further business before the Council, it was moved by Councilor Willis, seconded by Councilor Swain to adjourn the Council meeting at 9:35 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk