TOWN COUNCIL MEETING
March 10, 2003
A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:05 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
Lisa Bryer, Town Planner
Samuel Paterson, Harbormaster
Representative Bruce Long
Representing the Harbor Management Commission:
David Pritchard, Chair
Daniel Lilly
Julio DiGiando
Harrison Wright
Representing the Planning Commission:
Victor Calabretta
Barry Holland
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Resolutions/Proclamations:
It was suggested by Council President Settipane that third paragraph in the resolution be amended as follows: Resolved: That the Town of Jamestown shall make this Resolution part of its records and shall cause owners of real estate, developers and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law and any applicable state or local laws or ordinances, and be it futher…
It was moved by Councilor Littman, seconded by Councilor Willis to approve of the Resolution as amended. So unanimously voted.
It was moved by Councilor Willis, seconded by Councilor Long to adopt the Proclamation for Susan Romano. So unanimously voted.
2) Donald Haskell, IT Coordinator re: Town Web Page
Mr. Donald Haskell, IT Coordinator for the Town Web Page reviewed the website structure, noting that the emphasis is on Town Government with main links to Town departments, personnel, schools and State links. Additionally, Mr. Haskell has provided links to maps, directions to Jamestown, local media and weather. As the website is expanded, updates will be provided to the Council. The Town website is www.jamestownri.net.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
It was requested that items #1 (a), 2, 3 (a) and (b), 5 (a) (i) and (ii) be removed from the consent agenda. Motion by Council President Settipane, seconded by Councilor Littman to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:
1) Adoption of Council minutes:
a) Zoning Board of Review (01/28/2003, 02/04/2003)
4) CRMC March 2003 Calendar
5)
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1) Adoption of Council minutes:
a) 02/24/2003 Regular Meeting
It was requested that the Town Clerk review the statement made by Mr. Murphy on page 4 of the minutes. The sentence is incomplete. Additionally, the Town Clerk pointed out that there was an error in the paragraph following the announcement of the Public Hearing. The paragraph should begin "Following the continuation of the hearing, it was moved by Councilor Long…."
It was the consensus that the minutes be corrected and resubmitted to the Council for review.
2) Bills and Payroll
The Town Administrator provided additional information regarding the Bills being presented for payment.
It was moved by Council President Settipane, seconded by Councilor Willis to approve the bills as presented. So unanimously voted.
a) Zoning Board of Review (01/28/2003, 02/04/2003)
Councilor Willis indicated that the Zoning Board of Review decision relating to Cellco should have requested that they replace dead trees for three years rather than the one year as stated in their decision. Councilor Willis noted that in some instances it takes a longer time for trees to show stress and die.
Councilor Willis commented that these minutes are late and should have been presented to the Council in a timely manner.
5) Resolutions from other Cities & Towns
a) City of Pawtucket
i) Resolution supporting reallocating $80 million of the Economic Growth and Tax Relief Reconciliation Act of 2001 for Federal Revenue Sharing to the Counties, Cities and Towns
Councilor Littman inquired if this resolution would have any impact on the town of Jamestown.
The Town Administrator noted that she would like to do some research on this resolution and report back to the Council.
It was the consensus of the Council that this resolution be continued on the March 24, 2003 agenda.
ii) Resolution in support of 2003-H 5772 entitled, "An Act Relating to Businesses and Professions - Electricians
The Town Administrator reported that the town of Jamestown does not employ an electrician and therefore, this resolution does not have any impact on us.
It was moved by Council President Settipane, seconded by Councilor Long to accept item #s 3 (a), (e), 5 (a) (i) and (ii). So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Settipane announced that there would be an executive session held later in the evening, pursuant to RIGL 42-45-2 (a) (5) real estate (lease negotiations) in reference to the Golf Course.
1) Pursuant to RIGL 42-45-2 (a) (5) real estate (lease negotiations)
a) Golf Course
PUBLIC HEARINGS
1) Proposed Zoning Ordinance Amendment to Section 1203 – Minimum Off-Street Parking Requirements in the Village Business District (cont. from 02/24/2003)
Council President Settipane opened the hearing on the proposed Zoning Ordinance Amendment to Section 1203 at 7:30 PM.
Council President Settipane announced that there has been a request to continue the hearing from John Murphy.
It was moved by Council President Settipane, seconded by Councilor Long to continue the hearing on the proposed Zoning Ordinance Amendment to Section 1203 – Minimum Off-Street Parking Requirements in the Village Business District to March 24, 2003. So unanimously voted.
a) Letter from John Murphy re: continuance
It was moved by Council President Settipane, seconded by Councilor Long to accept the letter from John Murphy. So unanimously voted.
OPEN FORUM
Stephen Mecca addressed the Council regarding the loud noise at the Narragansett Café. Mr. Mecca informed the Council that his residence is located directly behind the Narragansett Café and noted that he has appeared before the Council in the past about this issue. Mr. Mecca read a statement regarding the letters he has written to the owner of the Narragansett Café and the complaints that he has registered at the Police Department. All to no avail, the situation has not improved. Mr. Mecca reported that the Police do not enforce the current noise ordinance and requested that the Council provide immediate relief by suspending the Narragansett Café’s entertainment license immediately until the Café has provided a permanent solution to the noise issue.
The Town Administrator reported that the consultant has requested additional readings from the Police Department. It is expected that the noise ordinance will be presented to the Council in draft form at their March 24, 2003 meeting.
Edward J. McGuirl, representing the Jamestown Peace Advocacy Group, presented a document entitled "Resolution Supporting Continued U.N. Weapons Inspections in Iraq and Opposing a Pre-Emptive U.S. Military Attack" for the Council’s consideration of adoption.
Representative Long introduced information relating to the Aquidneck Island Planning Commission (AIPC) and suggested that the Council consider becoming involved with this planning consortium. The AIPC has been successful in establishing itself as a force on Aquidneck Island and has recently acquired a $600,000 grant from the federal government. Representative Long noted that the Executive Director is willing to make a presentation to the Council about the role of the AIPC.
It was the consensus of the Council to continue the Aquidneck Island Planning Commission to the next Council agenda on March 24, 2003 and request comment from the Town Planner.
2) Non-scheduled request to address
Councilor Littman suggested that the Council consider holding a special town meeting to allow time for residents wishing to respond to the resolution as presented by the Jamestown Peace Advocacy Group.
Council President Settipane invited comment under open forum. The Town Solicitor informed the Council that this issue is on the agenda under open forum as a request to address and although the Council can discuss the issue, under the Open Meetings Law they cannot take a formal vote on the issue.
The following individuals commented on the resolution:
Arthur Christman, Windsor Street
William Murphy, Reservoir Circle
Antonio Gutierrez, Clinton Avenue
Thomas Wiggin, East Shore Road
Mary Ann Joyce, Howland Avenue
Arthur Milot, Walnut Street
Stephen Jebson, Columbia Lane
Michael Larkin, Narragansett Avenue
Mark Baker, Baldwin Court
David Walker, Cole Street
Gary Parker, Green Lane
Barry Holland, America Way
Kathleen Williams, Sloop Street
Thomas Todd, Highland Drive
Adolphe Salaum, Seaview Drive
William Golini, West Reach Drive
Joseph Gifford, Calvert Place
Anthony Calise, Beacon Avenue
William Smith, Hull Cove Farm Road
Peter Fay, Swinburne Street
Andrew Weiker, Narragansett Avenue
Robert Jordan, America Way
Bruce Livingston, Raquet Road
Speakers relating to other issues:
Fire Marshall Arthur Christman informed the Council that local businesses are working to bring themselves into compliance with State fire regulations. Chief Christman commended the businesses for their cooperation.
Council President Settipane called for a recess at 8:40 PM.
The Council meeting continued at 9:00 PM.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
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Town Administrator's Report
March 10, 2003
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.
In the past two weeks the Public Works Department was hit with another major snowstorm that dumped approximately eight inches of snow. The DPW staff did a great job at keeping the major roads cleared during the height of the storm for emergency vehicles and all side roads were clear by midnight. Also, on February 27th, there was a major water main break and leak on Lawn Avenue. The staff worked on this project from 11:00 am right through until 2:00 am the next morning. Special thanks to DPW Director Steve Goslee who came in from vacation to work on the water break and he also worked all day during the snowstorm during the President's Day holiday.
The Town received two grants totaling $3548.00 from RIEMA to assist the Town with writing and community training relating to the Town's Emergency Operations Plan for Public Health Emergencies and Pharmaceutical Distribution. To date, Emergency Management Director Craig Watson, members of the Police and Fire Department and I have attended a number of State sponsored training sessions and table top exercises to assist us with the preparation of the Town Plan. This Plan is quite comprehensive and has been reviewed by RI Department of Health. Although RIDOH had a few suggestions regarding our Plan, they did congratulate the Town on the work completed to date. Our Plan was one of the first they have reviewed in a final draft stage. Craig Watson will be updating the Plan implementing RIDOH suggestions and it should be finalized sometime this spring.
Attached is a copy of the request for qualifications for an engineer to assist with the design and installation of a filtration system at the Water Treatment Plant. This proposal was reviewed and discussed by the Water Study Committee at their March 5, 2003 meeting.
I attended the most recent Chamber of Commerce meeting to help establish open communication between the Town and the Chamber. I will be attending meetings every few months in the near future.
As requested please find attached the letters sent to GZA and RIDEM relating to the Site Remediation Plan.
For your information, I have attached Governor Almond's proposed, 2003/4 budgets for general aid to cities and towns. Dan Beardsley, Executive Director of the League of Cities & Towns, has provided me with the attached brief description and detail of aid to local communities. I will keep the Council informed of the progress of the State budget in the coming weeks.
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Filtration System at the Water Treatment Plant
The Town Administrator will proceed with advertising the request for proposal and will schedule the award of bid at the Board of Water & Sewer meeting.
a) March 13 – Proposed Liquor Ordinance
b) March 26 – Harbor Management Commission
It was the consensus of the Council to hold Council work sessions on March 13, 2003 and March 26, 2003.
The Town Solicitor advised that it is not a violation of the Charter, if terms have expired and a person continues to serve until that person is either reappointed or until such time as that person is replaced. By continuing to serve, it is not as though that person is sitting in a new term. The Council may, if they wish, consider appointments, as mandated by the new Harbor Management Ordinance once that ordinance has been approved by the State and is adopted by the Council.
a) Composition of Committee
The Town Administrator reported that presently, the Town Buildings and Facilities Committee consists of the following membership:
Town Planner voting member
Town Administrator voting member
5 Residents voting members
Council Liaison non-voting member
Alternate Resident non-voting member
The Town Administrator recommended that she become a non-voting member, allowing for another resident to be appointed to committee.
Council President Settipane discussed establishing term limits for this committee with staggered term ending dates. One concern discussed by the Council was the need for continuity as this committee addressees issues such as Fort Wetherill and the need for a new Town Hall.
It was moved by Council President Settipane, seconded by Councilor Long to reconstitute the Town Building and Facilities Committee as follows:
Town Planner voting member
6 Residents voting members
Alternate Resident non-voting member
Town Administrator non-voting member (recommended change)
Council Liaison non-voting member
and to advertise for a resident at large position on the Town Buildings and Facility Committee. So unanimously voted.
b) Terms of members
It was the consensus of the Council that the Town Clerk provides a proposal for term limits at the next Town Council meeting on March 24, 2003.
c) Project updates
Councilor Littman, Council Liaison to the Building and Facilities Committee, informed the Council that the committee is in the process of discussing the consolidation of the Town offices.
a) 2003 Community Development Block Grant (CDBG) and review of activities
The Town Planner requested that the Council adopt the Resolution authorizing The Town of Jamestown to apply for a Community Development Block Grant. This year the application is for up to $250,000 to undertake the activities as outlined in the Planner’s memorandum.
It was moved by Council President Settipane, seconded by Councilor Long to adopt the Resolution for the Community Development Block Grant as proposed. So unanimously voted.
b) Parking
The Town Planner informed the Council that the Planning Commission is aggressively proceeding with a comprehensive parking review. The Planning Commission believes that this is the first step in clearly defining the many problems associated with downtown parking and regulations. The Town Planner also noted that there would be a work session on April 2, 2003 to begin the investigation process. It is recommended by the Planning Commission that the Council deny the current proposed parking ordinance and support the Commission’s mission.
a) Firearms Permit Legislation Resolution per Chief Tighe
Following discussion, it was moved by Councilor Willis, seconded by Councilor Long to pass the Firearms Permit Legislation Resolution as presented by Police Chief Tighe. So unanimously voted.
a) Progress report (past two years)
b) Recommendations for improvement of water production
Councilor Swain suggested that a report be prepared by the Water Study Committee for the new commissioners elected in May.
It was moved by Councilor Swain, seconded by Councilor Willis to instruct the Water Study Committee to provide a report on the committee’s progress and recommendations to be presented at the May 2003 Board of Water and Sewer Commission meeting. So unanimously voted.
UNFINISHED BUSINESS
1) Personnel Board
a) Charge of Board (cont. from 02/24/2003)
The Town Clerk informed the Council that she would continue to work with the Personnel Board and report back to the Council.
The Town Administrator reported that the Town has received the van and is scheduling an inspection by the Town mechanic to assess the condition. The van is expected to be available for use in the early Spring. The Town Administrator noted that the seniors have four or five special events per year that they would be using the van for, as well as two trips a month to the Stop and Shop Plaza in Newport; gas for these trips would be minimal and could be absorbed by the Town. The Town Administrator stated that she is checking the credentials of a volunteer driver provided by the seniors.
It was the consensus of the Council to have a status update at the next Council meeting on March 24, 2003.
a) Draft Supplemental Environmental Impact Statement (cont. from 02/24/2003)
b) Project Notification and Review System
c) Memorandum of Agreement re: demolition of the Jamestown Bridge No. 400
It was moved by Councilor Long, seconded by Councilor Willis to accept the Memorandum of Agreement regarding the demolition of the Jamestown Bridge No. 400. So unanimously voted.
d) Work Session Notice
The Town Administrator informed the Council that the Draft Supplemental Environmental Impact Statement is on file at the Library, Town Hall, Town Office, Planning Office and posted on the Town’s web page for public review. Additionally, the Town Administrator reported that RIDOT will be attending a Jamestown Town Council work session on March 18, 2003, as well as holding an informational meeting at the North Kingstown High School on March 27, 2003.
The Town Administrator informed the Council that comments regarding the project notification and review are due to the Rhode Island Statewide Planning Program by March 17, 2003.
It was the consensus of the Council that the Town Administrator should request an extension on the response time until after March 27, 2003.
a) Rhode Island Department of Environmental Management
b) Mayflower International Ltd.
Mr. Quinby appeared to update the Council on the status of the fish processing vessel. Mr. Quinby reported that to date, there has been approximately 2,000 metric tons of mackerel which have been frozen on board the Dauriya. Again, Mr. Quinby requested that the Council lift the midnight to 6:00 a.m. offloading restrictions to enable fishermen not equipped with elaborate refrigeration to offload quickly. Additionally, Mr. Quinby indicated that the East Passage is a suitable location, with the vessel blending into the Newport skyline.
Council President Settipane noted that the letter from RIDEM states that they would consider altering the scheduled rotation to the West Passage and if favorable, have the Dauriya remain in the East Passage.
Following a discussion on Council concerns and after input from several residents, it was moved by Council President Settipane, seconded by Councilor Willis to stay the enforcement of the offloading, subject to the ship remaining in its current location in the East Passage and subject to the further review of the Council. So unanimously voted.
Council President Settipane noted that this is a stay of enforcement, not a lifting of restrictions. The Council retains the power to enforce that restriction at any time.
a) Selection of engineer/architect
i) David Presbrey Architects
ii) Siegmund & Associates, Inc.
iii) Vollmer Associates LLP
iv) George S. Burman, Architect
The Public Works Director recommended that the Council consider retaining Vollmer Associates LLP for the work on the Highway Facility. Mr. Goslee stated that he was very impressed with the presentation presented by Vollmer Associates and the fact that they are able to coordinate all aspects of this project through in-house staff.
It was also recommended by the Town Administrator to use Vollmer Associates LLP for the Highway Facility.
It was moved by Council President Settipane, seconded by Councilor Long to retain Vollmer Associates LLP for the design and work on the Highway Facility. It was voted Councilor Littman, aye; Councilor Long, aye; Council President Settipane, aye; Councilor Willis, nay; Councilor Swain, aye. The motion passed with three in favor and two opposed.
The Council discussed the need for additional information prior to any decision for a referendum relating to the highway facility.
No action taken.
The Town Administrator reported that she expects to have a draft ordinance to the Council at their next meeting on March 24, 2003.
It was moved by Council President Settipane, seconded by Councilor Long to instruct the Town Solicitor to draft the appropriate legislation to change the fiscal year for the Town of Jamestown for forwarding to the General Assembly. So unanimously voted.
The Town Solicitor noted that it might be necessary to consider a change in the date of the local election from May to June. It was the consensus of the Council that this be placed on the agenda for further discussion.
No action taken.
Councilor Willis inquired if there have been any additional well monitoring reports submitted by GZA GeoEnvironmental. The Town Administrator stated that she would follow up with the Director of Public Works.
a) 2003/2004 Marine Development Fund Budget
b) 5-year Long Range Infrastructure/Harbor Plan
The Town Administrator reviewed the 2003/2004 Marine Development Fund (MDF) Budget. The Town Administrator reported that the total budget for the Harbor Commission and Infrastructure is broken down as follows:
2003/2004 Marine Development Fund
Page 1 – Total Budget (Harbor Commission & Infrastructure)
Total revenue $186,990.00
Total expenditure $186,990.00
Page 2 – Total MDF
Total Revenues $129,190.00
Total Expenses $129,190.00
Page 3 – Total Infrastructure
Total Revenues $ 57,800.00
Total Expenses $ 57,800.00
The totals of page 2 and page 3 equal the revenues and expenses for the Total Budget of $186,990.00. Revenues and expenses are based upon the rates as approved at a recent Council. Additionally, the Town Administrator reported that the Fund Balance as of 2/28/2003 is as follows:
Fund Balance $94,701.00
Set aside for boat purchase ($40,000.00)
Set aside for boat capital ($ 7,500.00)
Accrual for completion of WF repairs ($ 9,406.38)
Infrastructure carry-over ($25,000.00)
Ending balance of retained earnings $12,794.62
The Town Administrator recommended splitting the balance between the Harbor Commission and Infrastructure.
It was moved by Council President Settipane, seconded by Councilor Long to approve the 2003/2004 Marine Development Fund Budget. So unanimously voted.
5 Year Long Range Budget
Councilor Willis noted that the issue of the $15,000.00 for dockage of the harbor boat has not been settled. Councilor Willis suggested that a plan is needed for the East Ferry area before the 5 Year Long Range Budget is approved.
Daniel Lilly, Harbor Management Commission member, noted that the funds are in the budget; however, exactly where those funds are needed has not been absolutely determined as yet.
It was moved by Council President Settipane, seconded by Councilor Littman to adopt the 5 Year Long Range Budget as presented. The vote was Councilor Willis, aye; Councilor Littman, aye; Councilor Long, aye; Council President Settipane, aye; Councilor Swain, nay. The motion passed with four in favor and one opposed.
COMMUNICATIONS
1) Letter from Mame Reynolds to the Town Council re: Russian fish processing vessel "Dauriya"
It was moved by Council President Settipane, seconded by Councilor Long to accept the communication from Mame Reynolds. So unanimously voted.
2) Letter from Joe Pailthorpe to the Town Council re: Affordable Housing Law
It was moved by Council President Settipane, seconded by Councilor Willis to accept the communication from Joe Pailthrope. So unanimously voted.
The Town Administrator reported that the Affordable Housing Committee has reviewed this communication and has voted to not take action on this as the Planning Commission will be addressing this in an Ordinance in the near future.
3) Letter from Sen. Donna Walsh to the Town Council re: Equal Pay Day Proclamation
It was moved by Councilor Long, seconded by Councilor Willis to accept the letter from Senator Donna Walsh and to put the proclamation regarding Equal Pay Day on the Council agenda for March 24, 2003. So unanimously voted.
4) Letter from Paul W. Fogarty to the Town Council re: Senate Bill # 2003S – 0256, an Act relating to Education
It was moved by Council Presidnet Settipane, seconded by Councilor Willis to accept the letter from Paul Fogarty. So unanimously voted.
NEW BUSINESS
Councilor Swain recused from voting on the Sunday Sales License renewals.
It was moved by Councilor Long, seconded by Councilor Littman to approve the Sunday Sales License renewals (a) through (i), subject to the resolution of debts, taxes and appropriate signatures. The vote was Councilor Long, aye; Councilor Willis, aye; Councilor Littman, aye; Council President Settipane, aye; Councilor Swain recused. The motion passed with four in favor.
It was moved by Council President Settipane, seconded by Councilor Long to approve the Sunday Sales License for Randall Art Gallery, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
a) Del’s of Jamestown
b) Cove Grille
c) Hot Dog Thing
It was moved by Councilor Willis, seconded by Councilor Littman to approve the Peddler’s License renewals (a) through (c), subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
4) Trash Collector’s License – renewal
a) BFI Waste of Fall River/Allied Systems
It was moved by Council President Settipane, seconded by Councilor Long to grant the Trash Collector’s License renewal for BFI Waste of Fall River/Allied Systems, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
5) Private Investigator’s License - renewal
a) Malcolm Brown
It was moved by Council President Settipane, seconded by Councilor Long to approve the Private Investigator’s License renewal for Malcolm Brown. So unanimously voted.
a) Referendum re: financing of the installation, expansion, construction and improvement of sewers, storm drains, pumping stations and sewage treatment and disposal facilities
It was moved by Councilor Littman, seconded by Councilor to approve the ballot question relating to the financing of the installation, expansion, construction and improvement of sewers, storm drains, pumping stations and sewage treatment and disposal facilities and that it be placed on our May ballot. So unanimously voted.
No action taken.
Notice of Work Session
It was moved by Council President Settipane, seconded by Councilor Willis that the Council will hold a work session with the Rhode Island Department of Transportation regarding the demolition of the old Jamestown Bridge on March 18, 2003. So unanimously voted.
EXECUTIVE SESSION
It was moved by Council President Settipane, seconded by Councilor Long to enter into executive session at 10:50 PM, pursuant to RIGL 42-45-2 (a) (5) real estate to discuss the lease of the Golf Course. It was voted, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion carried.
1) Pursuant to RIGL 42-45-2 (a) (5) real estate (lease negotiations)
a) Golf Course
The Council returned from executive session at 11:00 PM.. It was moved by Councilor Long, seconded by Councilor Littman to seal the minutes of the executive session. The vote was Councilor Willis, aye; Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Council President Settipane, aye. The motion passed unanimously.
It was moved by Council President Settipane, seconded by Councilor Long to authorize the Town Solicitor and Town Administrator to take action as discussed in executive session concerning the item listed as Golf Course and to report back to the Council accordingly. So unanimously voted.
There being no further business before the Council, it was moved by Councilor Littman, seconded by Councilor Long to adjourn at 11:02 PM. So unanimously voted.
Attest:
Arlene D. Kalooski
Town Clerk