TOWN COUNCIL MEETING
A regular meeting of the Jamestown Town Council was called
to order at the Jamestown Philomenian Library,
David J. Long, Vice President
Julio J. DiGiando
Claire M. Ferguson
Guy J. Settipane
also present:
Maryanne Crawford, CPA, Town Administrator
A.
Arlene D. Petit, Town Clerk
Fred Pease, Town Sergeant
Christopher Powell, Conservation Commission Chair
Thomas P. Tighe, Police Chief
James R. Bryer, Fire Chief
Richard Allphin, Zoning Board of Review
Daniel Lilly, Harbor Management Commission
James Archibald, Harbor Management Commission
Representative Bruce Long
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
None
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
It was requested that items # 1(c) and 2 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)
b)
c)
d)
2)
3) Minutes from Boards, Commissions and Committees:
a) Tree
Preservation and Protection Committee (
b)
Neighborhood Advisory Committee (
c)
Committee Liaisons with Vollmer & Associates (
d)
4) CRMC January 2004 Calendar Notice
5) DEM Notice re: Small MS4 General Permit – Notice of Intent Application (RIPDES Program)
6) Naval Station Newport Restoration
Advisory Board Meeting minutes (
7) Newport County Dr. Martin Luther King, Jr. Celebration Committee re: 19th annual program
8) Copy of letter from Life Line Screening re: low cost community health screening
9) Abatements/Addenda of Taxes
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1) Adoption of Council minutes:
c)
Councilor DiGiando requested that the
It was moved by Councilor DiGiando, seconded by Councilor Long to accept the minutes as amended. So unanimously voted.
2) Bills and Payroll
Councilor Settipane requested additional information
regarding the payment to Vollmer Associates.
The Town Administrator informed the Council that the bill for $4,700.00
represents completed work performed to date.
Councilor Settipane requested that a copy of bills and hours for Vollmer
Associates be available for the next Town Council meeting on
It was moved by Council President Littman, seconded by Councilor Long to accept bills and payroll. 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) (2) collective bargaining and RIGL 42-46-5 (a) (5) real estate.
1) Pursuant to RIGL 42-46-5 (a) (2) Collective Bargaining (contract negotiations)
2) Pursuant to RIGL 42-46-5 (a) (5) Real Estate (acquisition of property)
There being no objections, Council President Littman moved Open Forum up on the agenda.
Open Forum
Scheduled request to address:
Fire Marshal Arthur Christman, informed the Council that the new fire safety codes will go into effect in February 2004. Mr. Christman stated that there are no grandfather clause provisions in the code and all town buildings must comply.
Councilor Settipane expressed his concern that the Council has adequate notice so that needed funds can be budgeted. Mr. Christman stated that he would begin inspections as soon as possible with notice being sent to the Council. It is expected that there will be a need for some immediate repairs; however, major repairs will have a phase in time frame.
Joseph Maraia stated that he believed the appraisal
company has not done a adequate job. Mr.
Maraia informed the Council that he is paying $34.00 per foot for land in the
Council President Littman informed Mr. Maraia of the process to appeal his tax assessment.
Daniel Shapiro addressed the Council regarding the lack of new membership on the Volunteer Fire Department and referring to his letter to the Council, suggested several ways that the Council may wish to consider solving the problem. Mr. Shapiro suggested raising the tax abatement to $3,00.00 to $4,000.00 annually, assist with providing affordable housing and enact provisions for volunteers that do not own property.
Council President Littman stated that the Town Administrator is in the process of gathering information relating to the Volunteer Fire Department and Volunteer Ambulance Association and would welcome his input.
Christopher Powell addressed the harbor boundaries
and how they bear on the conservation zones in the proposed Comprehensive
Harbor Management Plan. Mr. Powell noted
that on
Non-scheduled to address:
Patrick Bolger stated that there have been a significant number of suggestions submitted to the Council for their consideration on the Comprehensive Harbor Management Plan, which the Council has yet to discuss. Mr. Bolger suggested that the Council read the transcripts of those hearings prior to voting on the plan.
Chief Bryer requested that the Council move item #3 (c) under Unfinished Business (Abandonment of Street/Highway) up on the agenda as well as item #4 under New Business (Jamestown Volunteer Fire Department). Chief Bryer stated that James Bryer, Dan Shapiro and the Town Administrator are working on information regarding item #3 and he would like to discuss the issue further when all the information is in.
The Town Administrator informed Chief Bryer that she would be requesting that item #4 be continued because the Town Solicitor is waiting for some additional information relating to the title on the property.
William Murphy stated that State Law that pertains to the abatement for volunteers on the Fire Department and Ambulance Association was raised from $30,000 to $50,000. The way the abatement is applied is by the direction of the Council by ordinance or policy and procedures.
Richard Wing inquired if the abatement will be for a twelve-month period or a sixteen-month period.
Councilor Settipane stated that it should remain year to year because the tax assessment year has always ended on December 31.
Council President Littman stated that this should be looked into further.
Harrison Wright encouraged the Council to approve the Comprehensive Harbor Management Plan as quickly as possible as this must be updated every five years. Additionally, Mr. Wright directed the Council to his letter on the agenda under communications regarding revisions to the Comprehensive Harbor Management Plan.
Representative Long gave the Council a legislative update noting that there is a repeal of the amendment for low to moderate income housing being considered. Additionally, Representative Long noted that he is working on legislation that will lift the ban on paid firefighters volunteering in their own community.
Jill Anderson stated that the Council has yet to discuss many of the issues relating to the Comprehensive Harbor Management Plan brought forward by the public.
New Business
4) Jamestown Volunteer Fire Department re: budget
The Council discussed the selection of individuals that could meet to discuss the issue of tax abatement for the Volunteer Fire Department and Ambulance Association.
After further discussion, the Council considered the following individuals to work with the Town Administrator on drafting and assisting in the preparation an abatement program:
It was the consensus of the Council to put this on the
PUBLIC HEARING
Council President
Littman reopened the hearing at
1) Proposed Harbor Management Ordinance
2) Proposed
It was the consensus of the Council to make the following changes:
|
Section |
Action |
Change |
|
II. E. (3) East Ferry: Beach and Concrete Ramp |
Change as follows: |
|
|
II. E. (3) |
Change as follows: |
In recent years the harbor commission has issued
|
|
II. |
Change as follows: |
The town makes available storage of |
|
III. A. Issue: |
Change as follows: |
Until such time as the harbor lines
are changed, the town will address |
|
|
Change as follows: |
In an effort to resolve |
|
|
Remove |
|
|
|
Remove |
|
|
|
Change as follows: |
The north conservation zone….
coast, is in CRMC Type 2, |
With changes to the Comprehensive Harbor Management Plan completed, the Council commended the Harbor Management Commission on a job well done.
It was moved by Councilor Settipane, seconded by Councilor
Long to adopt the Comprehensive Harbor Management Plan as amended and modified
by the consensus of the Council on December 4,
It was moved by Council President Littman, seconded by
Councilor Settipane to continue the hearing on the Jamestown Harbor Ordinance
to
Council President Littman called for a break at
The Council returned at
OPEN FORUM
1) Scheduled request to address
a) Arthur Christman, Fire Marshall re: State Fire Code
b) Joe Maraia re: Property appraisals and assessments
c)
Daniel Shapiro re:
d) Christopher Powell, Conservation Commission Chair re: Proposed Harbor Management Ordinance
2) Non-scheduled request to address
Previously discussed.
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1)
Town Administrator’s
report (attached)
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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 spoken to both Lisa Bryer and Matt Bolles regarding the update of the Fort Getty Master Plan. I would recommend the committee be made up of the following members:
Lisa and Matt; Keith Anderson, Program Supervisor for the Recreation Department, a member of the Harbor and Conservation Commissions, and two residents. With the number of night meetings and event's both Lisa and Matt currently attend, I would recommend this committee meet during the day.
In regards to the Fire Department, I have spoken to Jim Bryer, Chairman of the Compensation Committee. As he stated at the budget hearing, his committee has been reviewing different financial incentives and options for the volunteer fire fighters. He said the committee would continue their discussions sometime within the next four to six weeks. I asked Jim to notify me of future meetings. I have also contacted the administrators of Warren and Tiverton to discuss their volunteer departments, and their administrative make-up and financial incentives. In both departments they have paid chiefs who report to the Town Administrator. Both communities compensate their rescue volunteers approximately $8.00 to $10.00 based upon runs. Both communities have unique financial incentives for the fire fighter. I have requested copies of both programs.
Since the last Council meeting I contacted Vic Calabretta, from the Maguire
Group Inc. They are the engineering firm who completed the marina perimeter at
Attached please find a copy of the Annual Convention and Dinner for the RI league of Cities and Towns. If any council member is interested in attending either of the events please let me know.
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Additional information discussed by the
Council is as follows:
The Council discussed the recommendation by the Town Administrator for the makeup of the committee to update the Fort Getty Master Plan. The Town Administrator recommended that this committee meet during the day, due to the number of night meetings and events that the Town Planner and Parks and Recreation Director must attend.
By consensus of the Council the Fort Getty Master Plan Committee would include the following members:
The Clerk was instructed to advertise for one resident at large and to forward information to the individual committees.
The
Town Administrator reported that she would be meeting with RIDEM and residents
towards the end of January. Following that
meeting, she will report back to the Council.
Councilor
Settipane requested that the Town Administrator provide information in her
report on the progress of these meetings.
Councilor Settipane inquired if the
proposed hiring of a full time Town Engineer is warranted due to the cost to
date on the Budget to Actual Reports.
The Town Administrator stated the
following concerns regarding the increased work-load of the Department of
Public Works Director:
In addition to the above, the Town
Planner and the Building Official have expressed a need for the services of a
Town Engineer.
Appeals to the Tax Assessor
Councilor
Settipane noted that appeals before the Tax Assessor are scheduled from the
present to
Tree Warden Report
Councilor
Settipane noted that the Tree Warden suggested that the Town could purchase a
re-conditioned bucket truck for $30,000.00 to $40,000.00. Mr. Nickerson also indicated that over time,
this would add increased efficiency and less cost to the town. In addition, it was mentioned that this truck
could generate revenue by teaming up with the needs of Verizon and other
companies in trimming back brush and trees.
Councilor
Settipane suggested that this issue be further discussed at the budget
sessions.
2) Conservation Commission
a) Corrected
copy of memorandum from
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the corrected memorandum from the Conservation Commission. So unanimously voted.
3) Library Board of Trustees
a) Four (4) vacancies exist; One (1) term ending
i) Letter of Resignation/Term Expiration
· John A. Murphy
· Barbara Nesto
ii) Reappointment:
· Nancy A. Logan
iii) Letters of interest:
· James A. Donnelly
· John B. Parsons
· Ann Hutchinson
· Rosemary Forbes-Woodside
· Heidi Keller Moon
a) Letter from Chairman John Murphy re: James Donnelly
b) Letter from Vice Chairperson Lisa Tyre re: Heidi Moon
c) Letter from Nancy Logan re: Heidi Moon
d) Letter from Delia Klingbeil re: Rosemary Woodside
It was moved by Councilor Long, seconded by Councilor
Ferguson to reappoint Nancy Logan to the Library Board of Trustees for a term
ending
It was moved by Councilor Long, seconded by Councilor
Settipane to appoint James A. Donnelly to the Library Board of Trustees for a
term ending
It was moved by Councilor Long, seconded by Councilor
Ferguson to appoint John B. Parsons to the Library Board of Trustees for a term
ending
It
was moved by Councilor Long, seconded by Councilor Ferguson to appoint Heidi
Keller Moon to the Library Board of Trustees for a term ending
It was moved by Councilor Long, seconded by Council President Littman to accept the letters from Nancy Logan, Delia Klingbeil, Lisa Tyre and John Murphy. So unanimously voted.
4)
a) One (1) vacancy exists term ending
i) Reappointment:
· Ralph L. Misto, Jr.
ii) Letters of interest:
· Shirley A. Dean
· Angelo DiMario
b) Letter from Chairman Ernest Anthony, Jr. re: reappointment of Ralph Misto
The
Council discussed if there were any restrictions to the appointment on the
Jamestown Housing Authority. It was
noted that a present member was appointed as a resident of the facility;
however, she has since moved. Council
President Littman inquired if the vacancy must be filled by a resident of the
Jamestown Housing Authority facility or could the Council appoint a
The Town Solicitor stated that if the resident member was appointed as such and no longer lived at the facility the vacancy should be filled by a resident of the facility.
It was the consensus of the Council to review the records for the appointment of Isabelle Verducci to determine if she was appointed as a resident of the Jamestown Housing Authority and to put this on the January 26, 2004 Town Council agenda.
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letters from Ernest Anthony, Jr. So unanimously voted.
5) Zoning Board of Review
a) Six (6) vacancies exist; duly advertised and all interviews
complete. One (1) full-time member term
expiring
i) Letter of Resignation/Term Expiration
· Richard Allphin
ii) Reappointment
· Thomas Ginnerty (full time member)
· Richard Boren (full time member)
· Joseph S. Logan (Alternate #1)
· Kathleen Managhan (Alternate #2)
· David P. Nardolillo (Alternate #3)
iii) Letters of interest:
· William A. Kelly
· Elizabeth Brazil
The Town Clerk informed the Council that Mr. Kelly informed her that he would like to be considered for the Planning Commission.
It was moved by Council President Littman, seconded
by Councilor Long to reappoint Thomas Ginnerty to the Zoning Board of Review,
term expiring on
It was moved by Council President Littman, seconded
by Councilor DiGiando to reappoint Richard Boren to the Zoning Board of Review
for a term ending
It was moved by Councilor Settipane, seconded by
Councilor Long to appoint Joseph Logan as a regular member on the Zoning Board
of Review to a term ending
It was moved by Council President Littman, seconded
by Councilor Long to appoint Kathleen Managhan as Alternate #1, with a term
ending
It was moved by Council President Littman, seconded
by Councilor Long to appoint David P. Nardolillo as Alternate #2, with a term
ending
It was moved by Council President Littman, seconded
by Councilor Long to appoint Elizabeth Brazil as Alternate #3, with a term
ending
UNFINISHED BUSINESS
1) Harbor Management Commission (cont.
from
a) Bid approval for East Ferry dinghy dock and ramp
b) Town Solicitor opinion re: liability and enforcement issues
The Town
Administrator requested that the bid approval for the East Ferry dinghy dock be
continued to the Council meeting on
The Town Solicitor noted that he has been discussing this issue with Mr. Munger and will report back to the Council at the next meeting.
James
Archibald, Harbor Management Commission Chair noted that the bid has a
sixty-day clause in the bid that states it can be taken back if not accepted by
2) DEM Fish & Wildlife re: Research
Vessel Facilities Plan (cont. from
a) Review of plan presented by Christopher Powell
b) Engineering firm and cost to review plan presented by Town Administrator
James Archibald informed the Council that the Harbor Management Commission is continuing discussion on this issue and requested that it be continued to February 23, 2004 Town Council meeting. It is expected that meetings will be complete with RIDEM and town officials by the February 23 date.
3) Petition for Abandonment of Street/Highway - Pursuant to
RIGL
a) Petition from John A. Murphy, Esq.,
representing all abutters to a portion of
b) Town Solicitor re: opinion
c) Police Chief re: abandonment of street/highway
d) Zoning Official re: abandonment of street/highway
e)
Previously submitted comments (
i) Town Planner
ii) Public Works Director
iii) Fire Chief
The Town Solicitor informed the
Council that he is waiting for title work on this piece of property. It was the consensus of the Council that this
be continued to the
a) Report from Town Solicitor
The Town Solicitor informed the Council that the Town’s rights for High Street right-of-way are independent of any CRMC ruling. It has been the position of the Town that the High Street property is a Town right-of-way. Mr. Parks noted that several years ago the Town did title work on that property which concluded that it was indeed a Town right-of-way and could not be blocked off by any abutters. The Town has the right to remove any obstructions to the right-of-way. Additionally, Mr. Parks stated that Town property cannot be taken by adverse possession. It was requested that the Town Administrator and Town Solicitor investigate the necessary steps to clear the property in question.
The question
arose as to whether there has been an appeal taken regarding the CRMC
ruling. It was the consensus of the
Council to continue this to the
COMMUNICATIONS
1) Letter from Michael Cochran re: Street lighting
It was moved by Councilor Long, seconded by Councilor Settipane to accept the letter from Michael Cochran. So unanimously voted.
The Town Administrator noted that the light would be angled down to lessen the amount of light shining on Mr. Cochran’s property; however, due to security reasons, it is recommended that the light remain.
Councilor
Settipane suggested that the Town look into a way in which the impact of this
light can be lessened and requested that this matter be continued to the
2) Letter from Kristin Zhivago re: Tax bill
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the letter from Kristin Zhivago. So unanimously voted.
The Town Solicitor noted that presently the Town could not waive interest on late tax payments. Recent legislation has been passed however, that allows with the passing of a Town ordinance, the waiver of interest if three of the four payments are made on time.
3)
Letter from Harrison Wright re:
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from Harrison Wright. So unanimously voted.
NEW BUSINESS
1) Event Application for Maureen Dunn Packer re: 3rd Annual Ali Dunn Packer Memorial Road Race on Sunday, June 6, 2004 at Fort Getty from 10:00 AM to 4:00 PM
It was
moved by Councilor Settipane, seconded by Councilor DiGiando to approve the
Event Application for the Ali Dunn Packer Memorial Road Race on
2) Contract Negotiations
a) Council Liaison per (Councilor Settipane)
Councilor Settipane suggested that there be a Council Liaison present at all contract negotiations, specifically, the Town Council President.
Following
Council discussion, it was consensus of the Council to continue this to the
3) Town Fees (per Councilor Long)
Councilor Long suggested that there be a review of all Town fees and when they were last raised. Additionally, the Council discussed the impact to the Town regarding the increase in costs to run the landfill.
It was requested that the Town Administrator and Town Clerk provide information for the budget wrap up.
4) Jamestown Volunteer Fire Department re: budget (per Councilors Long and Settipane)
Previously discussed.
OPEN FORUM (continued)
Regarding Town fees, Jill Anderson asked how much it costs to provide the associated service for the fees.
EXECUTIVE SESSION
It was moved by Councilor Settipane, seconded by Councilor Long to enter into executive session at 10:40 PM pursuant to RIGL 42-46-5 (a) (2) collective bargaining and RIGL 42-46-5 (a) (5) real estate acquisition. It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor Settipane, aye; Council President Littman, aye.
The Council returned from executive
session at
It was moved by Councilor Settipane, seconded by Councilor Long to authorize the Town Administrator to make arrangements for funding through a warrant not exceeding $350,000.00 as discussed in executive session. So unanimously voted.
It was moved by Council President Littman, seconded by Councilor DiGiando to authorize the Town Administrator to pursue including the Town position discussed in executive session into a collective bargaining unit. It was voted, Councilor Settipane, nay; Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.
There being no further business
before the Council, it was moved by Councilor Long, seconded by Councilor
Ferguson to adjourn the meeting at
Attest:
Arlene D. Petit
Town Clerk
c: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation