TOWN COUNCIL MEETING

December 8, 2003

(as amended on December 22, 2003)

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:06 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

absent:              Claire M. Ferguson

Guy J. Settipane

 

also present:

Maryanne Crawford, CPA, Town Administrator

J. William W. Harsch, Town Solicitor

Arlene D. Petit, Town Clerk

Steven J. Goslee, Public Works Director

Lisa Bryer, Town Planner

Thomas P. Tighe, Chief of Police

James Archibald, Harbor Management Commission

Richard Condon, Harbor Management Commission

Representative Bruce Long

 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS:

 

1)         Vollmer and Associates re:  Highway Facility

 

Council President Littman noted that John T. Hannigan, PE, Principal of Vollmer Associates has met with the liaison group, to address design concerns.  The question now arises as to the next step to be taken.  President Littman stated that the Council has been in agreement on the location at Taylor Point.

 

President Littman requested that the report from the Neighborhood Advisory Committee be advanced on the Council Agenda. 

 

Christopher Powell asked for clarification on the responsibilities and make-up of the liaison group.  Mr. Powell indicated it was his understanding that there was to be a consolidation of the concerns of the Neighborhood Advisory Committee, Conservation Commission and the Building and Facilities Committee to be presented by the liaison group.

 

Council President Littman stated that it was important that the Council continue to direct the development of the highway facility project.  Although, it was expected that the liaison group would meet with Mr. Hannigan to discuss what the concerns of their particular committee were.

 

Councilor DiGiando noted that it has been a productive process; however, he would have expected it to be completed by now. 

 

Mr. Hannigan presented a slide of Alternate 3 as adopted by the Council several months ago.  Mr. Hannigan stated that he met with the liaison group and based upon their concerns with the building site, Alternate 3D was proposed.  One of the major concerns was the open aeration tanks from the sewer plant.   There would be an additional cost to cover those tanks.  Mr. Hannigan noted that in order to begin the next step in the process it is most important that a decision is made on the building site.

 

Council President Littman stated that Alternate 3 was selected and voted on by the Town Council based on the recommendations of the Neighborhood Advisory Committee. 

 

Councilor DiGiando reviewed the rationale of the liaison group for the selection of site Alternate 3D.

 

Public Works Director, Steven Goslee stated his concerns with the Alternate 3D site and strongly suggested that the Council not consider changing from the original plan.  Mr. Goslee informed the Council that it is his opinion that Alternative 3D is not operationally adequate.

 

Following a request by Councilor Long, Mr. Hannigan recommended the Alternate 3 site as the preferred location.  Additionally, Mr. Hannigan stated that once the final site is agreed upon, the preliminary work could be done on the building and cost estimates could be given.

 

Councilor Long indicated that it was his understanding that the final site was approved and that the liaison group would give input to address their concerns and fine-tune the site.  However, Councilor Long stated that now it seems as if the Council is starting over again with building site selection.   

 

It was the consensus of the Council that the liaison group submit a report to the Council by December 22, 2003 followed by a presentation from Vollmer Associates in January. 

 

Mr. Hannigan stated that once the site is picked, he would try to incorporate as many of the liaison group’s concerns as possible into the design.

 

Dennis Webster stated that regardless of what the site is, there will be screening needed west of the large square tank. 

 

It was moved by Councilor DiGiando, seconded by Councilor Littman to accept the letter dated December 2, 2003 from the Neighborhood Advisory Committee and to refer it to Mr. Hannigan for a response.  So unanimously voted.

 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

 

None

 

CONSENT AGENDA

 

It was requested that item # 4 be removed from the Consent Agenda.   It was moved by   Councilor Long, 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:

a)                  11/24/2003 Regular Minutes

2)                  Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Neighborhood Advisory Committee (11/04/2003, 11/07/2003)

4)        

5)                  CRMC December 2003 Calendar

6)                  DEM RE: Jamestown Wastewater Control Facility Compliance Evaluation Inspection June 2003

7)         Zoning Board of Review abutters notice to the Town of Jamestown re:

a)         Application of Steven S. Munger, whose property is located at 27 Douglas St.; Plat 8, Lot 425 for a variance from Article 3, Sec. 301 (Uses and Districts, I. Residential, #10) to allow for a mixed use consisting of a single family residence and a general office utilizing 400 sq. ft. of floor area. Said property is located in a CL zone and contains 5000 sq. ft.

8)         Abatements/Addenda of Taxes

4)         CRMC notice re: application of Bradford Sweet Swett, 201 East 86th St., Suite 404, New York for an assent to construct and maintain residential boating facility to consist of a 4’ X 147’ fixed timber pier with a 4’ x 20’ “L” section at the seaward end with two tie-off pilings. (Walcott Avenue, Plat 9, Lot 300)

 

It was moved by Councilor DiGiando, seconded by Councilor Long to refer the CRMC notice regarding the construction of a residential boating pier to the Harbor Management Commission.  So unanimously voted.

 

EXECUTIVE SESSION ANNOUNCEMENT:

 

It was announced by Council President Littman that there would be an executive session later in the evening, pursuant to RIGL 42-46-5 (a) (2) collective bargaining to discuss the NAGE contract. 

 

1)         Pursuant to RIGL 42-46-5 (a) (2) collective bargaining

            i)          NAGE contract

 

PUBLIC HEARING

 

None

 

OPEN FORUM

 

1)                  Scheduled request to address

2)                  Non-scheduled request to address

 

Representative Bruce Long notified the Council that the Port Security Grant has not yet been acted upon.  Representative Long informed the Council that there is a State Homeland Security Grant being made available in the amount of $21,000,000.

 

Christopher Powell, representing DEM Fish & Wildlife, presented the final plan showing the proposed marina facility and harbor lines.  Mr. Powell indicated that under the maintenance certificate with CRMC, the bulkhead work would begin within the next two weeks.  Mr. Powell noted that the second phase of the project, which will need Council approval, is the installation of the float system. 

 

It was the consensus of the Council that this be put on the agenda for the December 22, 2003 Town Council meeting.

 

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

 

 

1)                  Town Administrator’s report (attached)

Town Administrator's Report

December 8, 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 discussed in the report from Tax Assessor Ken Gray, notices regarding property valuations were sent out on Friday December 5, 2003. There are currently 2818 residential homes on Jamestown. The Appraiser has attempted to enter all homes to inspect them. To date, they have inspected approximately eighty percent of the homes. Jerome Appraisal has not been able to gain access to the remaining 20 percent. They do anticipate inspecting another ten percent of the homes prior to the certification of the tax roll. Jerome Appraisal will be available throughout the month of December to meet with individual residents to discuss their new valuations. Residents can call Jerome Appraisal at 884-1600 to set up an appointment. Meetings will be held at the police station.

 

On December 2, 2003 municipal officials from a number of communities from Aquidneck Island, the Turnpike and Bridge Authority, Chief Tighe and I had a meeting to discuss the idea of looking into the feasibility of regional dispatching. We all agree regional dispatching may provide an opportunity to improve effectiveness and efficiency. We all recognize there may be certain issues that require compromise and realize we must first conduct a feasibility study. We plan to have another meeting on December 12, 2003.

 

Chief Tighe returned back to work on Monday December 1st, after a three-month medical leave. Lt. Balzer should be commended for his performance running the Police Department during Chief Tighe's absence.

 

The Town recently requested bids for tree pruning and removal. The Town received one bid, from Ocean State Tree Services for $3200.00-$3600.00.1 am recommending we award this bid tonight

 

Attached please find the schedule for budget hearings. I have confirmed with Superintendent Sipala the school committee is available to meet on the dates outlined on the schedule. If council members do not have conflicts with the attached schedule, I am requesting you approve it.

 

Finally, if any of you have any questions regarding my proposed budget or would like additional information, please let me know.

 

For Council Consideration

 

• Approve the schedule for budget hearings

 

• Award the bid for tree pruning and removal to Ocean State Tree Services for $3200.00-$3600.00

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Additional items discussed by the Town Administrator:

 

Winter Storm

 

The Town Administrator commended the Department of Public Works for their response to the recent snow storm.  The Town Administrator reported that because the storm was on a weekend, the labor cost would be approximately $10,000.00, which makes the budget item for 2003/2004 over budget by $7,500.00.

 

Revaluation

 

The Town Administrator reported that properties have been inspected with the exception of approximately 20% and notices have been sent out.  Additionally, it was reported that Jerome Appraisal will be meeting with residents at the Police Station to review appeals.

 

Ocean State Tree Services

 

It was moved by Councilor Long, seconded by Councilor DiGiando to award the bid for tree pruning and removal to Ocean State Tree Services in the amount of $3,200.00 - $3,600.00.  So unanimously voted.

 

Schedule for Budget Hearings

 

It was the consensus of the Council to approve the schedule for budget hearings as presented.

 

Fire/Rescue Boat

 

The Town Administrator reported the Town has been notified that we will be receiving a fire/rescue boat, as secured by Police Chief Tighe and Fred Pease.

 

2)                  Neighborhood Advisory Committee re:  Highway Facility

 

Previously discussed

 

3)                  Planning Commission

a)         RI Economic Development Corporation: Community Economic Growth Fund Grant Application for Council endorsement

 

The Town Planner informed the Council that the Town of Jamestown is partnering with the Jamestown Chamber of Commerce to develop a video to help promote Jamestown economic development.  Ms. Bryer noted that this endeavor is consistent with the Comprehensive Plan and will not need any funding from the Town. 

 

It was moved by Council President Littman, seconded by Councilor Long to approve an application to the RIEDC under the Community Economic Growth Fund applying for $12,000.00 to be used as presented by the Town Planner.  So unanimously voted.

 

UNFINISHED BUSINESS

 

1)         Cost Sharing

a)         Costs for proposal as presented by Town Administrator (continued from 11/24/2003)

b)                  Submission from Sav Rebecchi re: Basic Time-on-Task (Project Cost) Tracking (continued from 11/24/2003)

 

The Town Administrator informed the Council that she has not received the report from the auditors as yet.  As soon as it is received the report will be forwarded to the Council. 

 

It was the consensus of the Council to continue this item on the Council agenda.

 

2)         Petition for Abandonment of Street/Highway - Pursuant to RIGL 24-6-1 et seq. order advertisement for hearing (continued from 11/24/2003)

a)         Petition from John A. Murphy, Esq., representing all abutters to a portion of Columbia Avenue, further described as the northern boundaries of Lot 495 and Lot 609 on Tax Assessor’s Plat 9

 

John Murphy, attorney representing the petitioners/abutters, addressed comments submitted by Town Officials relating to the abandonment of a portion of Columbia Avenue.   Mr. Murphy assured the Council that the petitioners would accommodate the Town’s need to retain the right to install a water main and any underground utilities.  Mr. Murphy requested that the Town Council allow this petition to be advertised for public hearing so that the basis of this proposal can be established.

 

The Town Solicitor noted that pursuant to RIGL 24-6-1, it is the initiative of the Town Council as to whether they wish to abandon a street or not.  The Council could decide not to abandon; therefore, no hearing would be necessary.  Mr. Harsch informed the Council that this is not a regulatory matter, but is a legislative matter and therefore, it is not mandatory that a hearing be held.

 

In determining the process to follow, it was the consensus of the Council to request that the Town Solicitor provide a written opinion of whether the portion of Columbia Avenue in question is a street or not. 

 

It was the consensus of the Council to continue this item on the agenda to the January 12, 2003 2004 for an opinion from the Town Solicitor.

 

c)                  Town Planner Recommendations

i)          Alton and Caroline Head, off East Shore Road

ii)         Columbia (paper) Street

d)                  Fire Chief Recommendations

i)          Alton and Caroline Head, off East Shore Road

ii)         Columbia (paper) Street

e)                  Public Works Director Recommendations

 

It was moved by Council President Littman, seconded by Councilor Long to accept the recommendations from the Town Planner, Fire Chief and Public Works Director regarding the petition for abandonment by Alton and Caroline Head and to request that these recommendations be placed in the Council packet for the January 26, 2003 public hearing.  So unanimously voted.

 

3)         Harbor Management Commission re:  appointments (continued from 11/24/2003)

                Position                                            Applicant                                  Term Ending

                Recreational Boating Rep.                 Richard C. Anderson                12/31/2005

                Commercial Mooring Operator         James T. Archibald                   12/31/2005

                Outside Riparian Owner                   Daniel Lilly                               12/31/2006

                East Harbor Riparian Owner David Laurie                             12/31/2006

                Commercial Fishing Industry Gregory P. Murphy (has not been interviewed)

                Environmental Community                 to be advertised

a)         Memorandum from the Town Clerk re: Harbor Management Commission (continued from 11/24/2003)

b)         Attendance sheet

 

The Council discussed the possibility of one Harbor Management Commission member representing more than one group.  Councilor DiGiando recommended that the representative for the environmental community could be handled by the Conservation Commission advisory. 

 

It was moved by Councilor DiGiando, seconded by Councilor Long to reappoint James Archibald as the representative for Commercial Mooring Operators, with a term ending 12/31/2005.  So unanimously voted.

 

It was the consensus of the Council that the Town Solicitor provide a written opinion on how to address the time between the present and when the new Harbor Ordinance is adopted and to provide that opinion by the next Council meeting on December 22, 2003.

 

It was moved by Council President Littman, seconded by Councilor Long to accept the attendance sheet for the Harbor Management Commission.  So unanimously voted.

 

4)         Public Access and Maintenance to Rights-of-Way (continued from 10/27/2003)

            a)         Report and recommendations from Town Administrator

 

The Town Council granted the request from the Town Administrator for a continuance to the February 9, 2004 Town Council meeting.

 

5)                  Liaison Group re:  responsibilities (continued from 11/24/2003)

 

The Town Administrator reported that she has been informed by Town Solicitor, Larry Parks that in order for the liaison group to meet the guidelines of the Open Meetings Act, all meetings should be posted and minutes taken and submitted to the Council.

 

COMMUNICATIONS

 

None

 

NEW BUSINESS

 

1)         Event applications:

a)         Jamestown Chamber of Commerce

            Sunday, December 14, 2003    Hayrides           1:00 p.m. to 3:00 p.m.

            Jamestown Village (hayride throughout village)

 

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the event application for the Jamestown Chamber of Commerce for a hayride throughout the village on Sunday, December 14, 2003 at 1:00 p.m. to 3:00 p.m.  So unanimously voted.

 

b)         Save the Bay

Saturday, July 24, 2004 (fog date: Sunday, July 25 or Saturday August 7, 2004)                       5:00 a.m. to 11:00 a.m.

Potters Cove/Taylor Point

 

The Town Solicitor expressed his concern that not all participants are signing a Jamestown release form.  Additionally, Mr. Harsch advised that Save the Bay should provide Hold Harmless Insurance for the town of Jamestown.  Mr. Harsch suggested that he discuss this with the Interlocal Trust and report back to the Council.

 

Kimberly Crawley, Save the Bay representative, informed the Council that no one is allowed to enter the water until a Jamestown release and a Save the Bay release have been signed. 

 

It was the consensus of the Council to continue the request by Save the Bay to the December 22, 2003 meeting. 

 

OPEN FORUM:

 

Donald Forrest, Summit Avenue requested that when something is on the agenda and will not be addressed by the Council, a note be made to inform residents.

 

EXECUTIVE SESSION

 

It was moved by Councilor Long, seconded by Councilor DiGiando to enter into executive session at 9:50 p.m. to discuss NAGE contract negotiations, pursuant to RIGL 42-46-5 (a) (s) collective bargaining.  It was voted, Councilor DiGiando, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with three in favor.

 

The Council returned from executive session at 10:15 PM.  It was moved by Councilor Long, seconded by Council President Littman to seal the minutes of the executive session.  It was voted; Councilor DiGiando, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with three in favor.

 

It was moved by Council President Littman, seconded by Councilor Long to amend the NAGE contract in accordance with the recommendations made by the Town Administrator.  So unanimously voted.

 

There being no further business before the Council, it was moved by Councilor Long, seconded by Council President Littman to adjourn the meeting at 10:18 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

C:         Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation