TOWN COUNCIL MEETING
June 9, 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 Kenneth G. Littman. The following members were present:
David J. Long, Vice President
Julio J. DiGiando
Claire M. Ferguson
Guy J. Settipane
Also present were:
Maryanne Crawford, CPA, Town Administrator
Arlene D. Petit, Town Clerk
Bruce A. Leach, Town Solicitor
Lisa Bryer, Town Planner
Thomas Tighe, Police Chief
Stephen Goslee, Public Works Director
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Brett Uttley
a) Freedom report
It was moved by Council President Littman, seconded by Councilor DiGiando to adopt Proclamation 03-016P honoring Brett Uttley and to place the report entitled "Freedom" on display in the Jamestown Town Hall and the Jamestown Philomenian Library. So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor DiGiando to adopt Proclamation 03-017P in honor of the eighth grade graduating class from the Jamestown School and to proclaim the week of June 22, 2003 as "Jamestown’s Graduates Week". So unanimously voted.
In attendance for the presentation from GZA GeoEnvironmental, Inc. were Ed Summerly, Associate Principal and Anthony Gomez, Project Manager.
Mr. Gomez reviewed aspects of the Site Investigation Report and the Remedial Action Work Plan for the former landfill located on North Road. Mr. Gomez reviewed the findings involved in the collection, screening and laboratory testing of soil, sediment, groundwater, surface water and landfill gas samples.
Mr. Summerly introduced the present project objectives to be completed in order for the Town to obtain a Certificate of Landfill Closure and Letter of Compliance from RIDEM and have EPA archive the site off the CERCLIS list.
The proposed services that GZA would provide are included in the following task list:
Task 1 Development of Remedial Action Work Plan
Task 2 Preparation of an ELUR and Groundwater Reclassification Request
Task 3 Development of an Environmental Monitoring Program
Task 4 Design of a Landfill Cap
Task 5 Development of Storm Water Management Plan
Task 6 Construction Documents
Task 7 Pre-Construction Permitting Services
Task 8 Remedial Action Completion Report
The total to be budgeted for these services would be $39,500.
In addition to the above, Mr. Summerly discussed Task 9, Construction Phase Services. GZA’s weekly rates for part-time and fill-time construction engineering services would be $2,300 and $4,600 respectively.
Councilor Settipane inquired about the construction cost, which Mr. Summerly noted would be approximately $100,000.00.
Councilor Settipane expressed his concern with the bidding process and the possibility that this phase was not part of the original contract and should in fact, be a separate issue. The Town Administrator noted that this was a quality-based selection for professional services for the engineer and as such we can continue on with GZA for this project. The Town Solicitor concurred with the Town Administrator’s understanding.
Councilor Settipane requested that this issue be put on the Council agenda for the June 23, 2003 meeting.
It was the consensus of the Council that the following items would be on the June 23 agenda:
Remedial Action Work Plan and Closure Design
Council President Littman invited comment from the audience.
Raymond Iannetta, North Main Road questioned Mr. Summerly and suggested that abutters be kept up-to-date and be given a chance to be involved in the remediation process by the Council appointing a Neighborhood Advisory Committee.
Daniel O’Neil, Summit Avenue directed several questions to Mr. Summerly.
Gayen Thompson, Grinnell Street inquired into the well monitoring process.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
1) Is hereby given by the Town Council of the Town of Jamestown, being the Licensing Board in said Town as provided under Title 3, Chapters 1-12 of the General Laws of Rhode Island 1956, and as amended that the following application has been received by the Town Council for license under said Act, for the year ending December 1, 2003:
Grapes and Gourmets, Inc.
dba: Grapes and Gourmets
9 Ferry Wharf
b) Letter in favor of applicant from Matthew F. Clarke
Council President Littman opened the hearing at 8:00 PM.
Attorney Michael Lynch, representing the applicant Frank LaPere, requested that the Class A Liquor License be approved for Grapes and Gourmets, Inc., 9 Ferry Wharf. Mr. Lynch referred to the letters of support from neighboring business owners Matthew Clarke and William Munger.
Sydney Waller, representing Golden Daze, encouraged the Council to grant the Class A Liquor License to Grapes and Gourmets, Inc.
Councilor Settipane noted that pursuant to State Law governing the issuance of Class A Liquor Licenses, Jamestown, with less than 10,000 residents, is entitled to have two Class A establishments.
There being no further comment, it was moved by Council President Littman, seconded by Councilor Long to close the public hearing at 8:15 PM. So unanimously voted.
It was moved by Councilor DiGiando, seconded by Councilor Long to approve the Class A Liquor License for Grapes and Gourmets, Inc. d/b/a Grapes and Gourmets, 9 Ferry Wharf; subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
It was requested that items # 3(d), 5 and 6(c [i, and ii]), be removed from the consent agenda. Motion by Council President Littman, seconded by Councilor Long to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:
1) Adoption of Council minutes:
3) Minutes from Boards, Commissions and Committees:
a) Board of Canvassers (03/28/2003, 04/16/2003)
4) CRMC June 2003 Notice
6) Resolutions/Proclamations of other Rhode Island Cities & Towns:
7) Rhode Island Shriners re: Community Awareness Fair, September 6, 2003
8) Clean Water Action door-to-door annual canvass
10) Abatements/Addenda of Taxes
3) Minutes from Boards, Commissions and Committees:
d) Jamestown Housing Authority (05/14/2003, 04/09/2003, 03/12/2003, 02/12/2003, 01/08/2003)
5) State of Rhode Island Public Utilities Commission re: House Bill 03-6401, Senate Bill 03-1047
Councilor DiGiando stated that the letter from the Public Utilities Commission incorrectly lists Jamestown as a wholesale customer of the Newport Water Department.
6) Resolutions/Proclamations of other Rhode Island Cities & Towns:
i) Support of 2003-H6387 An Act Relating to real Property – Recording of Instruments
ii) Support of 2003-S1076 An Act Relating to Alcoholic Beverages – Administration Fees
The Town Administrator requested that the Council consider supporting the resolutions put forth by the City of Pawtucket.
It was moved by Council President Littman, seconded by Councilor Settipane to continue the resolutions from Pawtucket on the June 23 agenda.
EXECUTIVE SESSION ANNOUNCEMENT
The Town Administrator notified the Council that a report from the Town Solicitor regarding the status of pending litigation would be given to the Council at their next meeting.
Council President Littman announced that there would be an executive session later in the evening pursuant to RIGL 42-46-5 (a) (5) regarding real estate.
1) Pursuant to RIGL 42-46-5 (a) (5) Real Estate (Land Acquisition)
2) Pursuant to RIGL 42-46-5 (a) (2) Litigation: Update on status of litigation from Town Solicitor
Council President Littman opened the Public Hearing regarding the proposed Ordinance change relating to Section 70-87; an amendment to prohibit parking on portions of Dumplings Drive.
The Town Administrator noted that the Parking Committee has reviewed the proposed ordinance and has discussed the amendment with residents on Dumpling Drive. Chief Tighe reported that the Parking Committee held several meetings regarding the proposed ordinance and met with representatives from the Jamestown Boat Yard. The amendment as presented seems to be acceptable to area residents and the boat yard.
Council President Littman opened the hearing for public comment.
James Archibald, Mast Street, Manager of the Jamestown Boat Yard informed the Council that until recently, he was unaware that there were any parking restrictions on Dumpling Drive; although, the boat yard has always tried to keep customer parking away from residential property. Mr. Archibald stated that the boat yard owns property on both sides of Dumpling Drive. Mr. Archibald gave a review of past problems with parking in that area and reinforced the need for adequate parking and he indicated that, as presented, the proposed ordinance is agreeable to the boat yard.
Mr. Archibald presented the original sketch of the area prior to any changes by the Parking Committee.
Elizabeth Scott, no address given, stated that it is very important to have parking in that area.
There being no further comments, it was moved by Councilor Long, seconded by Council President Littman to close the public hearing at 8:45 PM. So unanimously voted.
It was moved by Council President Littman, seconded by Councilor Settipane to approve the amendment on prohibited parking on portions of Dumpling Drive, under Section 70-87 of the Code of Ordinance which adds Dumpling Drive and the restrictions as set forth in the display advertisement. So unanimously voted.
2) RI Greenways Acquisition & Development Grant/Conanicut Island Greenway Trail System, Route 138/East Shore Road Connection; Plat 7 Lot 71 & portion of Lot 29
a) Memorandum from the Town Planner re: approval of DEM Greenways grant
Council President Littman opened the hearing regarding the RI Greenways Acquisition and Development Grant at 8:46 PM.
The Town Planner informed the Council that there are three grants that Jamestown will be applying for this year. The Planning and Recreation Departments are requesting the Council’s endorsement this evening for Greenways Acquisition. Funds for this particular grant would be used for the acquisition of property adjacent to the existing town soccer field, with the possibility of using it for passive recreation such as a fitness trail and jogging route around the soccer field. In addition, it would aid in preserving the scenic view corridor of Route 138.
Councilor Settipane inquired if any of these funds could be used for site amenities such as the installation of a much needed well and/or the construction of a shed at the soccer field. The Town Planner will investigate to see if the grant could also be used for amenities to the soccer field.
The Town Administrator noted that this grant requires matching funds. There may be some matching funds available through a Champlain Grant or through funds collected for Open Space and Recreation as part of the subdivision process under fee in lieu of land dedication.
Sav Rebecchi, Sail Street inquired if there is a map indicating the location of the property under consideration.
Donna Saulino, Bay Terrace questioned if this grant would affect the restrictions on the soccer field. The Town Planner indicated that it would not.
There being no further comments, it was moved by Councilor Settipane, seconded by Council President Littman to close the public hearing at 8:53 PM. So unanimously voted.
It was moved by Council President Littman, seconded by Councilor Long to approve the request from the Town Planner to apply for the Greenways Acquisition and Development Grant for property adjacent to the existing town soccer field on East Shore Road that consists of 6 or more acres; in that the application be submitted to the Rhode Island Department of Environmental Management. So unanimously voted.
Diane Caswell, West Passage Drive, spoke in favor of the proposed resolution in defense of the Bill of Rights and Civil Liberties as submitted by Michael Larkin.
Donna Cote, Spindrift Street, requested that the Council consider addressing problems with parking. Ms. Cote stated that there is an influx of fishermen parking on residential streets at all times of day and night. Additionally, Ms. Cote informed the Council that she has complained about the noise and the parking on several other occasions.
Councilor Ferguson noted that those areas near both the Jamestown Bridge and Newport Bridge have been problem areas for several years. Councilor Ferguson expressed her concern with a number of items being stored under the Newport Bridge.
It was the consensus of the Council that parking and public access in fishing areas be put on the Council agenda for June 23, 2003.
Ann Khaddar, Narragansett Avenue, spoke in favor of the proposed resolution in defense of the Bill of Rights and Civil Liberties as submitted by Michael Larkin.
Edwin Roche, Shamrock Court, spoke in favor of the Jamestown Town Council passing a resolution in favor of the Bill of Rights and Civil Liberties.
Walter Bolle, Clinton Avenue, spoke in favor of Mr. Larkin’s proposed resolution. Mr. Bolle read a list of the cities and towns that have already passed a resolution in support of the Bill of Rights and Civil Liberties.
Judith Bell, Jamestown Librarian, requested that Section Seven of the proposed resolution be referred to the Library Board of Trustees. Ms. Bell also noted that she was in favor of the proposed resolution.
Michael Larkin encouraged the Council to adopt the resolution, noting that 121 cities and towns have passed similar resolutions.
Daniel O’Neil, Summit Avenue, expressed his objection to the Council passing a resolution of this nature. Mr. O’Neil stated that he was not in favor because he did not believe that this should be considered under town business.
Bruce Livingston, Racquet Road, stated that he was not in favor of the Council passing the resolution relating to the Patriot’s Act and suggested that residents contact their State and Federal Representatives.
Representative Bruce Long informed the Council that there will be State Officials at the next Jamestown Planning Commission meeting on June 18th to discuss the Low and Moderate Income Housing Act.
It was the consensus of the Council that the Proposed Resolution submitted by Michael Larkin would be addressed at this time so that those who wished to speak could do so.
3) Letter from Michael Larkin regarding revised resolution
Council President Littman summarized the question to the Council; that being, should the Council take action or should they defer action to the Federal delegation?
Gayen Thompson, no address given, spoke in favor of the proposed resolution.
James Traer, Intrepid Lane, stated that this is a local issue and that he is in favor of passing the proposed resolution.
Joseph Clifford, Calvert Place, spoke in favor of the proposed resolution.
Molly Little, non-resident, spoke in favor of the proposed resolution.
Keith Stavely, Capstan Street, stated that he is in favor of the proposed resolution.
Pat Young, non-resident, supported the proposed resolution.
James Keller, Blueberry Lane, encouraged the Council to pass the proposed resolution.
Harrison Wright, Clarke Street, spoke in favor of passing the proposed resolution.
Michael Larkin thanked the residents and Town Council for their participation and encouraged the Council to pass the proposed resolution.
There being no further comments, Council President Littman requested discussion from Council members.
The Council discussed the possibility of drafting a resolution supporting the Bill of Rights and requesting Congress to review certain portions of the Patriots Act.
There was a lengthy discussion regarding the Council’s role in effectuating federal law vs. local law.
It was the consensus of the Council to draft a resolution with language put together by the Council. The Town Clerk will coordinate those efforts and present it at the next Town Council meeting on June 23, 2003.
Council President Littman called for a five-minute break at 10:15 PM.
The Council returned at 10:23 PM.
It was the consensus of the Council to take the following issues out of order:
4) Personnel Board
It was the consensus of the Council that a work shop be set up on June 23, 2003 at 6:00 PM – 7:00 PM with the Personnel Board, Town Solicitor, Town Administrator and Police Chief Tighe.
5) Assessment of Town Roads
Councilor Settipane presented photographs taken of several Jamestown roads showing potholes and poor road conditions. Councilor Settipane requested that an assessment be taken of all Town roads in Jamestown and for the development of a road improvement project. Councilor Settipane requested that the Council consider the following plan, using a RIDOT format:
The above would be under the direction of the Public Works Director and due within sixty days. Councilor Settipane indicated that once the steps were taken as outlined, a decision could be made whether to do the work in-house or to out-source the work.
It was moved by Councilor Settipane, seconded by Councilor Ferguson to request that the Road Improvement Project be undertaken using the steps as presented by Councilor Settipane.
Following discussion by the Council, it was moved by Councilor Long, seconded by Councilor DiGiando to table the motion as presented by Councilor Settipane to the next Town Council meeting on June 23, 2003. It was voted, Councilor Long, aye; Council President Littman, aye; Coundilor DiGiando, aye; Councilor Settipane, nay; Councilor Ferguson, nay. The motion passed.
Councilor Settipane requested that the photographs be held as exhibits for the meeting on June 23.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
Town Administrator's Report
June 9, 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.
As required by charter, the Town of Jamestown has an Emergency Management Director. Craig Watson currently holds this volunteer position. Prior to the September 11, 2001 terrorist attack, this position's main responsibilities were to direct the Town's efforts relating to natural disasters such as hurricanes, severe storms, and unusual circumstances such as the power outage caused when the cruise ship tore up our cables.
After the 9/11 incident, a greater responsibility has been placed on this position. In the past two years, Craig Watson, Chief Tighe, and I have been working on the Town's Emergency Management Plan relating to Public Health Emergencies and Pharmaceutical/Medicine Distribution plans. This Plan is quite comprehensive and has been reviewed by the Department of Health.
Craig Watson, who undertook the final time consuming responsibility for writing the plan, is ready to present it to the Council. Since the Plan contains sensitive information relating to Town security, I would recommend this Plan be discussed in executive session. I have spoken with Mr. Watson and he said he is available for the next Council meeting. I would recommend an executive session be held prior to the start of the regular council meeting at 7:00pm. At that time we will update you about the Plan and answer your questions.
This past April, Recreation Director Matt Bolles submitted a grant application to the Newport Foundation for the funding of the summer Litter Corp. We were notified by the foundation that our application had been selected for a site visit. Tuesday May 28, 2003, Matt Bolles, Keith Anderson, Bonnie Jamison and I met with representatives from the Newport Foundation to discuss the application. The meeting went extremely well and now the application will be forwarded to the full Board. We will be notified of the Board's decision in early July.
On June 4, 2003, 1 attended a Substance Abuse Task Force meeting where they discussed the junior high letter sent to Council President Littman. As outline by the attached memo from Recreation Director Matt Bolles, the Task Force has funded a teen coordinator's position and Bonnie Jamison has been hired as the coordinator. Within the coming months she will be looking to form an advisory committee made up of teens and adults.
June 16, 2003 is the annual spring concert for the Lawn Avenue School Band. My daughter is a member of the band. Also scheduled for June 16th is a Water & Sewer meeting. I have confirmed with Steve Goslee that he will be attending this meeting. If the Council has no objection I would like to attend this concert.
As a follow-up to the letter from the eighth grade class, the Town Administrator informed the Council that she would be meeting with the class on June 13, 2003 at 10:00 AM to discuss their concerns.
Additional items discussed with the Council:
Planning Commission work session to be scheduled during a regularly scheduled Planning Commission meeting.
Tax Assessor will be retiring in July 2003. The Town Administrator reported that presently the Town has hired a Deputy Tax Assessor. It is expected that the Deputy will be nominated by the Town Administrator to fill the position of the retiring Tax Assessor. Councilor Settipane requested that prior to the nomination, he would like to have discussion regarding the hiring procedure. Councilor Settipane expressed his concern that the Deputy position was advertised and filled and not the position of Tax Assessor.
It was the consensus of the Council that the procedure for hiring a new Tax Assessor be on the Council agenda for June 23, 2003.
2) Harbor Management Commission
a) Letter from Julio DiGiando re: resignation from Harbor Management Commission (environmental community)
It was moved by Councilor Long, seconded by Council President Littman to accept the letter from Julio DiGiando. Councilor DiGiando abstained from the vote. It was voted, four in favor and one abstention. The motion passed.
b) Letter re: Harbor Management Ordinance & Harbor Management Comprehensive Plan
The Council discussed whether or not there was a need for additional work sessions regarding the Harbor Management Ordinance and Harbor Management Comprehensive Plan.
As a former member of the Harbor Commission and Council Liaison, Councilor DiGiando suggested that the Harbor Management Ordinance and Harbor Management Comprehensive Plan have been reviewed at various work sessions and meetings and recommended that the Council advertise for hearing.
Councilor Settipane requested that this proposed amendment to the Harbor Management Ordinance be advertised for hearing two times.
Vote to continue meeting
It was moved by Council President Littman, seconded by Councilor Long to continue the meeting to 11:30 PM. So unanimously voted.
3) Planning Commission
a) Memorandum re: Recommendation of changes to the Tree Ordinance
The Town Administrator noted that the Planning Commission has made recommendations to the Tree Committee for changes to the Tree Ordinance. It is expected that following a review, the Tree Committee will forward comments to the Council. This item will be continued until a reply is received from the Tree Committee.
4) Personnel Board
a) Letter from Board re: duties
b) Section 420 of the Town Charter
i) Alerino M. Iacobbo; non-voting alternate(requesting to be appointed as voting member)
ii) Duncan Pendelbury; interviewed 06/09/2003
iii) Mary Webster; interviewed 04/21/2003
It was moved by Councilor Long, seconded by Councilor DiGiando to appoint Alerino M. Iacobbo to the Town Buildings and Facilities Committee as a voting member, term ending 05/31/2006. So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor Long to appoint Duncan Pendelbury to the Town Buildings and Facility Committee as a non-voting alternate member, term ending 05/31/2004. So unanimously voted.
a) Five (5) vacancies exist on the newly formed committee; advertised and interviews complete; if favorable appoint:
i) Dennis Webster; interviewed 05/27/2003
ii) Georgena W. Stanger; interviewed 05/27/2003
iii) Donna Sualino; interviewed 05/27/2003
iv) Andrew Yates; interviewed 06/09/2003
v) William Munger; interviewed 06/09/2003
It was moved by Councilor Long, seconded by Councilor Ferguson to appoint the following individuals to the Neighborhood Advisory Committee, as outlined in the charge:
Georgena W. Stanger
So unanimously voted.
1) Jamestown Housing Authority (cont. from 01/13/2002)
a) Request to waive PILOT funds
The Council reviewed the prior practice of waiving PILOT funds. The Town Administrator reiterated that those funds have been waived in the past and because of that, have not been included in our budget.
The Town Solicitor noted that because it was never budgeted and is not a tax, the Council could waive all PILOT funds.
It was moved by Council President Littman, seconded by Councilor Long to waive the PILOT funds for 2003. So unanimously voted
Councilor Settipane expressed his concern regarding the retroactive waiving of 2001 and 2002 PILOT funds, noting that the budget cycles for those years should be closed.
It was moved by Councilor DiGiando, seconded by Councilor Long to waive the funds for 2001 and 2002. It was voted, Councilor Settipane, nay; Council President Littman, nay; Councilor Ferguson, aye; Councilor Long, aye; Councilor DiGiando, aye. The motion passed with three in favor and two opposed.
2) Schedule worksessions:
a) Proposed Harbor Management Comprehensive Plan
It was the consensus of the Council that the proposed Noise Ordinance and the proposed Ordinance relating to Alcoholic Beverages be held on a night other than a Council meeting.
3) Board of Canvassers
a) One vacancy exists, term ending 03/31/2009; if favorable appoint:
i) Democrat Nominees:
ii) Republican Nominees:
Pursuant to the Jamestown Charter, it was found that Dolores Christman was not eligible for reappointment at this time. It was the consensus of the Council to interview the remaining applicants.
4) Celebration of 325th year Anniversary of Incorporation (November 4, 1678)
Michael Swistak informed the Council that the Chamber of Commerce would be working on Jamestown’s 325th Anniversary of Incorporation with other representatives from the Town.
1) Letter from Jane Sprague re: Town Offices
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from Jane Sprague and to refer the letter to the Buildings and Facility Committee. So unanimously voted.
1) One Day Peddlers License Application:
a) Jamestown Lions Club to sell light sticks at the fireworks on July 1st at East Ferry. Application requests to waive the $5.00 application fee
On behalf of the Jamestown Lions Club, Jill Anderson also requested permission to sell raffle tickets on July 1, 2003.
It was moved by Council President Littman, seconded by Councilor Ferguson to approve the One Day peddlers License for the Jamestown Lions Club on July 1, 2003 and to approve the selling of raffle tickets. So unanimously voted.
a) Fool’s Rules Regatta at the East Ferry Beach on August 16th. Application also requests approval for a banner over Narragansett Avenue.
It was moved by Councilor Long, seconded by Council President Littman to grant the application for Fool’s Rules Regatta at the East Ferry Beach on August 16th and to approve the hanging of a banner over Narragansett Avenue. So unanimously voted.
It was the consensus of the Council that the letter from Steven Cirella be referred to the Town Administrator.
It was the consensus of the Council to continue workshops with Boards, Commissions and Committees on the Agenda.
It was moved by Council President Littman, seconded by Councilor DiGiando to enter into executive session at 11:35 PM pursuant to 42-46-5 (a) (5) real estate, acquisition of property. The vote was, Councilor President Littman, aye; Councilor Long, aye; Councilor Settipane, aye; Councilor DiGiando, aye; Councilor Ferguson, aye. The motion carried.
1) Pursuant to RIGL 42-46-5 (a) (5) Real Estate (Land Acquisition)
The Council returned to the regular meeting at 11:59 PM. It was moved by Councilor Long, seconded by Council President Littman to seal the minutes of the executive session. The vote was, Councilor Long, aye; Councilor DiGiando, aye; Councilor Settipane, aye; Councilor Ferguson, aye; Council President Littman, aye. The motion carried.
It was moved by Councilor Settipane, seconded by Councilor Long to instruct the Town Administrator proceed with directions as discussed in executive session in reference to land acquisition. So unanimously voted.
There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Settipane to adjourn the meeting at 12:00 AM. So unanimously voted.
Arlene D. Petit