***** UNAPPROVED MINUTES *****
TOWN COUNCIL MEETING
A regular meeting of the
Jamestown Town Council was called to order at the Jamestown Philomenian
David J. Long, Vice President
Julio J. DiGiando
Guy J. Settipane
Absent: Claire M. Ferguson
Maryanne Crawford, CPA, Town Administrator
J. William W. Harsch, Town Solicitor
Arlene D. Petit, Town Clerk
Representative Bruce J. Long
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
Council President Littman announced that the presentation by GZA GeoEnvironmental would be made following Alcoholic Beverage Licensing Commission issues.
GeoEnvironmental presentation re: test well (cont. from
Ed Summerly, Associate Principal and Anthony Gomez Assistant
Project Manager at GeoEnvironmental, Inc. presented results of the June 2003
post-closure sampling round conducted at the former Jamestown Landfill located
Mr. Summerly reported that after eighteen months of study, it was determined that there were low levels of chemical contamination, primarily metals and organic compounds. In general, those levels of contamination were below any concentrations that would be considered to pose a risk to human health or the environment. However, because of the presence of some of those contaminants, it is subject to a number of State regulations regarding landfill closure.
Mr. Summerly noted that the Site Investigation Report (SIR) submitted to the Rhode Island Department of Environmental Management (RIDEM) outlines three potential remedial alternatives. The preferred alternative consists of the following items:
The abutter notification sent out in September 2003 begins a
thirty-day comment period. Those
comments will be submitted from RIDEM to GZA and the Town of
Mr. Summerly discussed the additional test well as previously requested by the Council stating that GZA recommends that the well be placed at TP-31 and GZ-32 in the south southwest corner of the property (the drilling of the well is part of the remedial plan).
Councilor Settipane inquired if it would be beneficial to retest wells located on property abutting the former landfill (former Vieira farm). Mr. Summerly indicated that he did not believe it would be necessary to retest that area. Councilor Settipane requested that Mr. Summerly review the report relating to the testing of the wells located on the former Vieira farm prior to eliminating those wells from testing. Mr. Summerly stated that unless the former Vieira farm property would be developed with wells being used for potable water, it would not be necessary to conduct further testing. Approximate cost for testing the wells would be $600.00 to $800.00 per test, depending on the type of wells that were installed.
Councilor Settipane asked Mr. Summerly to address the turbidity caused by the high water levels and wet season.
Mr. Summerly noted that the number of detections were at very low levels and when they say exceedances they mean they exceed some health based standard, it is not typical that you would see higher concentrations than what we normally see. This does not seem to be a trend; however, they will continue to analyze.. Mr. Summerly noted that when you have elevated water tables, you are wetting submerged trash. Some contaminants can become concentrated and some can become diluted. It is difficult to say whether a site will be affected seasonally. At some landfills, with increased rainfall, you will see increased dilution and lower concentration.
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 RENEWAL applications have been received by the Town Council for licenses under said Act, for the year ending December 1, 2004:
Jean Page, Inc.
dba: Page’s Liquors
Grapes & Gourmets, Inc.
dba: Grapes & Gourmets
9 Ferry Wharf
Long Wharf Marina Restaurant, Inc.
dba: The Bay Voyage
Alexander Enterprises, Inc.
dba: Narragansett Café
dba: Chopmist Charlies
Jamestown Oyster Bar, Inc.
New England Golf Course Management, Inc.
aka: the Caddy Shack
dba: Tricia’s Tropi-Grille
Trattoria Simpatico, Inc.
dba: Trattoria Simpatico
Portuguese American Citizen’s Club
dba: Portuguese American Citizen’s Club
Conanicut Yacht Club
Slice of Heaven, Inc
dba: Slice of Heaven
The above applications will be in order for hearing at a meeting of said Licensing Board on MONDAY, NOVEMBER 10, 2003 at 7 PM at the Jamestown Library, 26 North Road, in said Jamestown, at which time and place all remonstrants may make their objections against granting these licenses.
It was moved by Councilor Settipane, seconded by Council
President Littman to advertise the renewal of liquor licenses as presented on
the agenda for hearing to be held on
2) Alcoholic Beverage License Limits for 2003-2004 – Motion to set limits
It was moved by Councilor Settipane, seconded by Council President Littman to set the Alcoholic Beverage License Limits for 2003-2004 as follows:
Class A 2
Class BV 8
Class BT 1
Class D 2
So unanimously voted.
3) 2003-2004 Alcoholic Beverage License Establishment list with additional licenses held
4) Copy of notification letters to liquor license establishments
5) Alcoholic Beverage License fee increase
a) Establish and set fee schedule
Prior to Council discussion, the Town
Clerk distributed a chart indicating the fee schedule charged by other
municipalities. Upon questioning, the
Clerk noted that the Town of
In considering a fee increase, the Council discussed the extra burden put on businesses to come into compliance with the State Fire Code, as well as the increased revenue the Town would be receiving from the State Meal Tax.
Council President Littman invited comments from the audience.
The following individuals spoke against an increase in licensing fees:
Michael Swistak, representing the Chamber of Commerce
Charles Masso, Chopmist Charlies and Tricia’s Tropi-Grille
Steven Liebhauser, Slice of Heaven
Jill Anderson, West Reach
The Council took no action on establishing a new fee schedule for Alcoholic Beverage Licensing fees.
Charles Masso informed the Council that he is considering closing Tricia’s Tropi-Grille for several months this winter and inquired if he would be allowed to do so.
The Town Solicitor stated that he would provide the Council with information relating to the temporary closing of a liquor establishment. However, Mr. Harsch advised that Mr. Masso should refer this question to his own attorney.
It was requested that items # 1 (a), 2, 6 and 7 be removed from the Consent Agenda. It was moved by Council President Littman, seconded by Councilor DiGiando to approve the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of the following:
1) Adoption of Council minutes:
3) Minutes from Boards, Commissions and Committees:
a) Tree Preservation and Protection
Zoning Board of Review (
Planning Commission (
Harbor Management Commission (
4) CRMC Notices:
a) Cease & Desist Order to Barbara and
b) Notice to Jean-Guy E. & Donna M.
5) International Brotherhood of Police Officers Jamestown Local 305 notice of grievance
8) Zoning Board of Review abutters notice to the Town of Jamestown re: application of Barbara Lundy, whose property is located at 36-38 Southwest Avenue and further identified as Tax Assessor’s Plat 9 Lot 23, for a Special Use Permit for a mixed use from Article 3, Table 3-1, I. residential no. 10, a Special Use Permit from Article3, Table 3-1 VII – B Personal Services, to construct two one bedroom apartments and a health club in the same building, for a Variance from Article 3, Table 3-2 District Dimensional Regulations, to construct a building which will be 22’6” from both northerly and southerly side lot lines, instead of the required 30’, a variance from Article12, Section 1202 to allow parking at the front of the building, a variance from Article 12, Section 1206 from the loading zone requirement. Said property is located in a CL zone and contains 20,635 sq. ft.
9) Abatements/Addenda of Taxes
1) Adoption of Council minutes:
The Town Clerk was requested to correct the minutes as follows:
Page 3 – second paragraph
Add clarification to ….extend the sunset clause on the proposed amendment extending the ….
Page 5 – name correction
Valerie Moy should be Valerie Malloy
Page 7 – correct typographical error
Vommission should be Commission
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the minutes as amended. So unanimously voted.
2) Bills and Payroll
The Town Administrator noted that the payment to the Interlocal Trust was the total payment for the fiscal year.
It was moved by Councilor Settipane, seconded by Councilor Long to accept Bills and Payroll as presented. So unanimously voted.
6) Working Together to Protect Our
Drinking Water at the Source,
Councilor Settipane inquired if anyone from the Town would be attending the conference on October 17 and 18, 2003. The Town Administrator noted that she was not presently aware of anyone attending.
It was moved by Councilor Settipane, seconded by Council President Littman to accept the notice from New England Regional Conference. So unanimously voted.
7) Letter from Craig Watson, Jamestown Emergency Manager re: volunteers for the operation of public shelters
The Town Administrator stated that this is a volunteer effort on behalf of Seniors Helping Others. Several communities are involved in this volunteer effort. It is expected that there will be a report on the progress of the project to be forwarded to the Council.
It was moved by Council President Littman, seconded by Councilor Settipane to accept the communication from Craig Watson. So unanimously voted.
EXECUTIVE SESSION ANNOUNCEMENT
Council President Littman announced that there would be an executive session later in the evening, pursuant to RIGL 42-46-5 (a) (5) real estate.
1) Pursuant to RIGL 42-46-5 (a) (5) Real Estate (Land Acquisition)
Harbor Management Ordinance and Proposed
Council President Littman opened the continuation of the public hearing on the proposed Harbor Management Ordinance and the proposed Comprehensive Harbor Management Plan at .
Upon the confirmation of available dates, it was moved by
Council President Littman, seconded by Councilor DiGiando to continue the
1) Scheduled request to address
2) Non-scheduled request to address
Jill Anderson, Personnel Board member, reported that the
Friends of the Jamestown Library will be holding a community volunteer fair on
Representative Bruce Long gave a verbal update to the Council regarding the following issues:
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1) Town Administrator’s report (attached)
Town Administrator's Report
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 commenced the 2004/05, sixteen‑month budget process. I have met with all department heads to discuss the potential impact of this upcoming budgeting cycle. Finance Director Tina Collins has had discussions with Blue Cross/Blue Shield, requesting they provide the Town with a sixteen‑month rate, instead of a twelve‑month/ four‑month additional rate, which likely would be higher. She has also spoken to a number of vendors the Town has maintenance contracts with. Our current software vendor, with whom we have four software maintenance contracts, has agreed not to charge us for the additional months. Tina is attempting to get other vendors to agree to a similar arrangement.
I anticipate receiving all Department Head proposed budgets
I attended a planning summit on education with School Committee Chairwoman Cathy Kaiser, School Superintendent Sipala, and Council Liaison Guy Settipane, hosted by the Portsmouth School Committee. A number of school and town officials from southern RI communities were in attendance.
Gary Sasse, Executive Director of
RIPEC and Peter Marino, Director of Policy were in attendance to discuss the
recently released RIPEC report entitled "Education Results in
The fact that local communities and school officials are meeting together by geographic regions is a major step in addressing the significant costs associated with education. I will forward to the council copies of RIPEC's education report.
Unfortunately there is an error in the report regarding the
number of students within the Jamestown School System. The report did not
I am finalizing an agenda for a workshop for Department Heads and the Town Council. I intend to hold this workshop at Alton Jones during the month of October, likely the 28th, which is an open date.
The lease with UK Sailmakers, at the Country Club expires at the end of this month. In April 2003, the lease was extended for an additional eighteen months. At that time Matt Bolles submitted a proposal that would have generated the same amount of annual rent as UK Sailmakers, while providing additional recreation programs for the Town. Matt still has a significant demand for additional space during the winter months and has programs ready to begin November 1st. Since the Recreation Department will generate the same amount of income the current leaseholder is generating, and the Recreation Department cannot meet the demand for space, I will authorize Matt to use the area currently leased by UK Sailmakers. The Recreation Department has for a number of years used a small area of the building for certain programs. In order not to interfere with the golfing season, all children's programs and other high traffic programs will be conducted before the height of the golf season.
The Town's 325th celebration was a great success. All those who volunteered their time to make the community wide event such a success should be commended.
For your information I have attached an agreement between the Town and the Jamestown Historical Society. The agreement outlines the current relationship between the Town and the Historical Society that has worked out well. In recent years Lisa Bryer has served as my liaison to the committee. Her knowledge and background has been extremely helpful to both the Town and Historical Society. Unless I hear differently from you, I plan to sign this agreement on behalf of the Town.
Approximately two weeks ago, Justin Jobin, the Town's Wastewater Management Consultant submitted his resignation. During his short tenure, he developed and implemented the Town's program, I am very pleased with his work and disappointed to see him leave.
Council Work Session with Administration
The Town Administrator reported that it is expected that the work session will be held in early November.
Senator Jack Reed
The Town Administrator reported that she met with Senator Jack Reed to discuss grant opportunities for the Town and other general issues.
The Town Administrator reported that she has been in communication with the School Superintendent regarding the preparation of a sixteen-month budget. The School Budget and the Town Budget will be presented for sixteen months; however, a breakdown of the sixteen-month budget cycle will be available for the Council’s review.
Councilor Settipane stated that he would need a breakdown to assist in the review of the budget.
Councilor Settipane requested that the letter from the Office of the Auditor General, listed under Communications, be moved up on the agenda.
3) Letter from the Auditor General to the Deputy Finance Director re: budget process for upcoming fiscal year
It was moved by Councilor Settipane, seconded by Councilor Long to accept the letter from the Auditor General to the Deputy Finance Director regarding the budget process for the upcoming fiscal year. So unanimously voted.
Councilor Settipane inquired if there has been any communication with Mr. Almonte as to how he perceives the Town handling a sixteen-month budget and how it will be broken out so that the twelve-month portion of the budget will stay within the 5.5% cap.
The Town Administrator informed the Council that she has had communication with the State relating to the sixteen-month budget. Additionally, the Town Administrator reported that the Council submitted legislation to the General Assembly for permission to exceed the 5.5% cap. This was done in anticipation of the sixteen-month budget cycle.
Councilor Settipane stated that it must still be broken out so that the annual budget does not exceed the 5.5% cap. Councilor Settipane requested that the Town have a formula to present to the auditors so we can have that comparison.
The Town Administrator pointed out that the Recreation Department will have two full years of “beginning seasonal start-up costs” relating to Mackerel Cove and Fort Getty in this sixteen-month budget cycle.
It was the consensus of the Council
that the Town Administrator communicate with the
Auditor General in writing regarding the sixteen-month budget cycle for the
It was the consensus of the Council that the Town Administrator and the School Superintendent have additional information relating to the breakdown for the sixteen-month budget available for the Council to review when considering the budget.
Country Club – Rental of Upper Level
The Town Administrator informed the Council that the present unit generates $1,000.00 of revenue per month. It is expected that the Recreational Department would generate the same amount or more. Additionally, it was reported that the use of the upper level would allow for expanded recreation programs.
The Council discussed the possible need for renovations of the upper level space in order for it to be suitable for the Recreation Department.
In considering the use of the upper level unit, Councilor Long requested that the cost per square foot of business rental space be calculated for the Council’s review.
Councilor Settipane requested
additional information such as equipment rental and employee hours regarding
the $5,000.00 charge-back relating to work done on
Council President Littman noted that this issue would be further discussed under Unfinished Business.
It was moved by Council President Littman,
seconded by Councilor Settipane to approve the agreement between the Town and
the Jamestown Historical Society for the management of the Conanicut Battery
for the next two years. This agreement
will expire on
2) Town Clerk's Office
a) Memorandum from the Town Clerk re: Harbor Management Commission
It was the consensus of the Council that when the proposed ordinance is enacted the Council will take further action regarding the makeup of the Harbor Management Commission. The Town Solicitor noted that presently a quorum for the Jamestown Harbor Management Commission is four.
3) Harbor Management Commission
a) Letter from Richard D. Condon re: membership
No action taken.
Council President Littman announced a five-minute break at .
The Council returned at .
1) Town Budget/Finance (cont. from Board
of Water and Sewer meeting
a) Cost Sharing
In referencing the memorandum from the Town Administrator, Councilor Settipane stated that he would like additional information for tracking purposes and to review this information in the event that a policy change is to be considered. Specifically, Councilor Settipane requested a breakdown of costs associated with those charge-backs, such as employee costs and equipment rental.
Councilor DiGiando inquired if items
such as the rent paid to the Water Department for utilization of the
The Town Administrator requested clarification on the specific costs the Council would like to review. Further stating that she would recommend looking at all Enterprise Funds.
The Council discussed the three Enterprise Funds (Harbor, Water and School) to determine if it was necessary to request information pertaining to each fund.
Councilor Settipane indicated that it is necessary to know the actual cost of the water system and its maintenance and not a false cost number. Proper accounting and proper auditing will show what those costs are and assist the Town in future planning.
Councilor Long encouraged the review of all Enterprise Accounts in order to give a true value for cost of services in the Town and suggested that the Town Administrator be given ample time to prepare such a document.
The Town Administrator stated that she would address the staffing needs to implement this project and recommended that tracking begin at the start of the Town’s fiscal year.
It was the consensus of the Council
that the Town Administrator provides the Council with a plan of action for this
project at the
Councilor DiGiando suggested that the Town Administrator budget expenses for this project.
2) Tree Preservation and Protection
Committee re: further review of proposed amendments to the Tree Preservation
& Protection Ordinance (cont. from
The Town Solicitor informed the Council that the proposed amendments to the Tree Preservation & Protection Ordinance are extremely problematic. Additionally, The Town Solicitor stated that the Town’s responsibility cannot be delegated as proposed. Furthermore, there are many State roads that the Town cannot regulate. Mr. Harsch recommended that in order to reduce the Town’s exposure to liability, the clearance height on the public roads should be maintained by the Town.
Mr. Harsch stated that the entering on private property by Town staff for the removal of trees, other than for an eminent hazard to the public health and safety, should only be done effectively through a court order. The Town could give the property owner notice about any concerns regarding trees; however, the Town cannot require the property owner to take action or mandate that Town staff can go on private property to remove trees.
It was the consensus of the Council that the Town Solicitor discuss the proposed changes with the Chairperson of the Tree Committee and report back to the Council at their October 27, 2003 Town Council meeting.
3) Harbor Management Commission (cont.
a) Letter of resignation from David Pritchard
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter of resignation from David Pritchard and requested that the Clerk send a letter of appreciation for his years of service to the Town. So unanimously voted.
Wastewater Management Plan (cont. from
a) Update on progress of inspections
The Town Administrator informed the Council that the Wastewater Management Plan has been approved by the State. The Town is moving forward with application to Clean Water Financing.
b) Financing of repairs and low interest loans
a) Clarification re:
No action taken
Low and Moderate Income Housing (cont. from
a) Bills presented to the General Assembly in 2003
i) House Bill H 6492
ii) Senate Bill S 0300 (submitted as amended)
Representative Bruce Long informed
the Council that the General Assembly is preparing new legislation enabling
cities and towns to better direct low and moderate income housing in the
future. Additionally Representative Long
reported that the Town of
The Town Solicitor noted that there is a lawsuit pending in Superior Court seeking relief from the Low and Moderate Income Housing statute. Several communities have joined this suit. Representative Long indicated that it is expected that the General Assembly will pass legislation relating to this issue in January of 2004.
Councilor Settipane inquired if the proposed changes to the Comprehensive Plan, submitted by the Planning Commission, would be coming before the Town Council for their adoption prior to it being sent to the State.
Councilor DiGiando reported that the State has forwarded their concerns regarding several elements of the Comprehensive Plan to the Planning Commission. The Planning Commission will address those concerns, present their proposals for public hearing and for the Council’s review and adoption.
a) Definition of a veteran provided by Town Solicitor
b) Letter from Rep. Bruce Long re: recommended action on proposed legislation
Representative Long informed the Council that he expects legislation to be introduced to mirror the definition excepted by the Veterans of Foreign War.
No action taken.
1) Letter from RIDOT re:
It was moved by Councilor Long, seconded by Councilor Settipane to accept the communication from RIDOT. So unanimously voted.
2) Letter from the United States Coast Guard, US Department of Homeland Security re: unregistered/uncharted private aids to navigation
It was moved by Councilor Long, seconded by Council President Littman to accept the letter from the United States Coast Guard. So unanimously voted.
The Town Administrator noted that due to a change in regulations, this may effect the installation of buoys by the Town.
3) Letter from the Auditor General to the Deputy Finance Director re: budget process for upcoming fiscal year
1) Event Applications:
a) Jamestown Recreation Department to hold the annual Jack O’Lantern Jog on Sunday, October 26th. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
moved by Councilor Settipane, seconded by Councilor Long to approve the Event
Application for the Jack O’Lantern Jog on
b) 2nd Annual Holiday Parade of Dogs to hold a parade from the Fire Station to East Ferry Square on Saturday, December 20th; rain date Sunday, December 21st. If favorable grant request subject to the resolution of debts, taxes and appropriate signatures.
moved by Council President Littman, seconded by Councilor Long to approve the 2nd
Annual Holiday Parade of Dogs to be held on
2) One Day Peddler License Application:
a) Jamestown Recreation Department to sell water and t-shirts at the Community Center for the annual Jack O’Lantern Jog on Sunday, October 26th. If favorable grant request and waive $5.00 application fee, subject to the resolution of debts, taxes and appropriate signatures.
moved by Councilor DiGiando, seconded by Councilor Littman to approve the One
Day Peddler License for the annual Jack O’Lantern Jog on
3) Town Council Worksession
The Town Administrator stated that she would contact each Council person with a date in November for the work session.
b) Date selection (please select date): Monday, October 20th; Tuesday, October 21st or Thursday, October 30th
It was moved by Councilor Long, seconded by Council President Littman to enter into executive session at 10:30 PM, pursuant to RIGL 42-46-5 (a) (5) real estate. The vote was Council President Littman, aye; Councilor DiGiando, aye; Councilor Long, aye; Councilor Settipane, aye. The motion passed.
The Council returned at . It was moved by Councilor Long, seconded by Council President Littman to seal the minutes of the executive session. It was voted Councilor Long, aye; Councilor DiGiando, aye; Councilor Settipane, aye; Council President Littman, aye. The motion passed.
There being no further business before the Council, it was moved by Councilor Long, seconded by Council President Littman to adjourn the meeting at . So unanimously voted.
Arlene D. Petit
C: Town Council Members (5)