TOWN
COUNCIL MEETING
(Amended
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
J. William W. Harsch,
Town Solicitor
Arlene D. Petit, Town
Clerk
Katherine Sipala,
School Superintendent
Catherine L. Kaiser,
School Committee Chair
James R. Filkins,
School Committee
Dennis Webster,
Neighborhood Advisory Committee
AWARDS, PRESENTATIONS
AND ACKNOWLEDGMENTS
None
SITTING AS ALCOHOLIC
BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
It was requested that items # 2 and 6 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)
2)
3) Minutes from Boards, Commissions and
Committees:
a) Affordable
Housing Committee (
b)
c)
Harbor Management Commission (
d)
4) CRMC January 2004 Calendar Notice -
Amended
5) CRMC Notice re: application for assent to construct a
residential boating facility, ramp and float from Eugene Liberati,
6)
7) Mount Hope Engineering, Inc. re: ISDS application #0215-0381 for Rosario
Sciuto,
**********************************
2) Bills and
Payroll
Councilor Settipane requested additional information
regarding the bill from GZA GeoEnvironmental and requested that the Town
Administrator give the Council and update of work done to-date. Additionally, Councilor Settipane requested
information on the bill from Vollmer Associates and requested that the Town
Administrator monitor the bills and payment schedule.
It was moved by Councilor Long, seconded by Councilor
Settipane to accept bills and payroll. So unanimously voted.
6) RIDEM letter
(Council copy) re: reporting regulations for violations
The Town Administrator informed the Council that the letter
from RIDEM was a general letter of requirements and procedures.
It was moved by Council President Littman, seconded by
Councilor Long to accept the letter from RIDEM.
So unanimously voted.
EXECUTIVE SESSION
ANNOUNCEMENT
1) Pursuant to
RIGL 42-46-5 (a) (2) Litigation
Council President Littman announced that there would be an
executive session later in the evening, pursuant to RIGL 42-46-5 (a) (2) to
discuss litigation.
PUBLIC HEARING
1)
Proposed Harbor Management Ordinance (continued from
a) Set date for continuation (Thursday,
Feb. 19 or Wednesday, Feb. 25)
Following the opening of the hearing
at 7:18 PM regarding the proposed Harbor Management Ordinance, it was moved by
Council President Littman, seconded by Councilor DiGiando to continue the
public hearing to Wednesday, February 25, 2004 at 7:00 PM at the Jamestown
Philomenian Library. So
unanimously voted.
2)
Petition for Abandonment of Street/Highway, pursuant to
RIGL
a) Petition from Patrick O’N. Hayes, Jr.,
Esq., representing Caroline Head and Alton Head, III, re: abandonment of a
street located on the West side of East Shore Road opposite Bay Terrace
i) Memorandums from Town Officials
ii)
Verizon re: Petition to abandon a portion of
Council
President Littman declared the hearing open at
Partick O’N Hayes, Jr., attorney
representing Alton Head, III and Caroline Head, stated that the property on
either side of the right-of-way in question is owned by the Heads. Mr. Hayes presented a State Highway Map
showing the property and indicated that it serves no purpose for anyone other
than the Heads. Mr. Hayes requested that
the Council abandon this area, subject to the rights as requested by Verizon.
Council President Littman referred to
the letter submitted by Verizon concerning the facilities they have in that
area. Verizon is asking for an easement
from the Heads, which will permit the retention of its facilities with the
right to inspect, maintain, operate and replace the same and allow them
twenty-four hour access.
Mr. Hayes stated that his clients
would be willing to accept the abandonment subject to their rights and will
work it out directly with Verizon. Mr.
Hayes noted that the facilities were connected to an old barn owned by Caroline
Head, which has since been torn down.
Council President Littman noted that
the Council has received memorandums from several Department Heads indicating
that there are no objections.
Councilor Settipane inquired if there
were any zoning implications or if there would be any way that the addition of
this property to the existing lots would allow for subdivision.
Mr. Hayes stated that he did not
foresee that his clients retain the right to create any additional lots by this
abandonment.
Councilor Settipane asked the Town
Solicitor if the Town should reserve the right to those utilities. The Town Solicitor stated that it would not
be necessary and would only complicate the situation. The Council could grant the abandonment
subject to the condition that a satisfactory arrangement be worked out with
Verizon.
Council President Littman invited
comment from the audience. There being
no comments, it was moved by Council President Littman, seconded by Councilor
Long to close the public hearing at
The property being of no further use
to the public, it was moved by Council President Littman, seconded by Councilor
Settipane to approve the Petition for Abandonment of a street described as
being between Lots 163 and 25 on the Tax Assessor’s Plat 7 owned by Caroline
Head and Lot 167 owned by Alton Head III, further described as the paper street
shown and described on Rhode Island Department of Transportation, Division of
Public Works Plan, Route 138 Improvements, Plan Number 2132/2133/2159/2226,
right-of-way Plan Number 5 from Station 169 + 50 to Station 181 + 90, dated
7/9/1991 by Wilbur Smith Associates, subject to a satisfactory arrangement with
Verizon. So
unanimously voted.
Council President
requested that the approval of the budget be moved up on the agenda.
2004/2005
Budget
General Budget
Council
President Littman stated that the budget as presented by the Town Administrator
is for a sixteen-month period and reflects those changes made by the
Council. The Town Administrator’s
recommended general budget, with revisions is $8,144,216.00.
The Town
Administrator provided the following information regarding the additional $40,000,00 cut from the Capital Budget:
|
Account |
Purpose |
Reduction |
|
Planning |
Comprehensive
Plan, Zoning Ordinance, Subdivision and Land Development Regulations |
$5,000.00 |
|
Finance
Dept/Technology |
Computer
equipment and supplies |
$5,000.00 |
|
Police
Protection |
Two New
Patrol Vehicles Radio
Dispatch Console |
$6,000.00 $4,000.00 |
|
Roads |
Sidewalk
Repair |
$5,000.00 |
|
Ambulance |
Ambulance
replacement fund set aside |
$5,000.00 |
|
|
TOTAL REDUCTIONS |
$40,000.00 |
The Town
Administrator noted that the Public Works Director was also asked to cut an
additional $10,000.00 from his budget, which will be taken from the paving
budget.
Unreserved
Fund
The Town
Administrator answered Council concerns regarding the Unreserved Fund balance
and reported that as previously discussed, the fund will be reduced by
$350,000.00 for open space purchase and $60,000.00 to be put towards the amount
needed to bring the Community Center up to the State Fire Code. With the deductions as mentioned the balance
in the Unreserved Fund would be $1,085,000.00 $1,850,000.00. The Town Administrator reported that although
the balance is below the recommended $2,000,000.00, she recommends the use of
these funds to reduce the burden on the taxpayers.
The Town
Administrator informed the Council that the increase in the budget over a
twelve-month period was approximately 3%, while in comparison,
the increase over a sixteen month period would be 36.6%.
Council
President Littman and Vice President Long commended the Town Administrator and
Town staff for their assistance in preparing this budget.
School Budget
Council
President Littman requested that the Council now consider the School Department
budget. President Littman stated that
the School has submitted a budget in the amount of $13,615,727.00.
The Town
Administrator informed the Council that the numbers as presented does not
include the debt service. The Town
Administrator reported that the School budget with the inclusion of debt
service is $14,096,203.00. It was also
noted that the $10,000.00 which the Council previously discussed cutting from
the budget is not included in the budget.
Councilor Settipane commended the School Committee and
School Superintendent on their hard work and submission of a responsible
budget.
Councilor Settipane inquired if at the budget hearing on
January 22nd, it was a consensus of the Council that the school
budget be reduced by $10,000.00.
President Littman stated that it was a consensus.
2004/2005
Budget Approval
It was
moved by Councilor Settipane, seconded by Councilor DiGiando to adopt the
2004/2005 General Government Budget for the Town of Jamestown as proposed and
with adjustments made by the Council, in the amount of $8,144,216.00. So unanimously voted. Town Council President Littman announced that
the budget was approved and would go before the voters at the Financial Town
Meeting on
It was moved by Councilor Settipane, seconded by Councilor
DiGiando to approve the 2004/2005 School Budget in the amount of
$14,086,203.00. So
unanimously voted.
OPEN FORUM
1)
Scheduled request to address
a) Representative Bruce Long re: request for Town Council’s endorsement on
legislation regarding volunteer firefighters
Representative Long requested that the Council pass a
resolution in support of the three legislative acts, which he has submitted on
behalf of the volunteer firefighters.
It was the consensus of the Council that the proposed
legislation would be forwarded to the Town Administrator and to the group that
is working on this issue for their review and comments.
2)
Non-scheduled request to address
None
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.
The last two weeks, I have been focusing on the Town budget
and union negotiations. Therefore my report to you will be brief.
At the last Council meeting, the Council discussed the
selection of an individual that could meet and discuss the issue of tax
abatement for the Volunteer Fire Department and Ambulance Association. I
recommended to the Council a group of individuals who would be best qualified
from several differing viewpoints to review programs. Since the last meeting I
have worked with both the Fire Department and Ambulance Association. The
following individuals have agreed to participate:
William Murphy (Ambulance
Association)
Nancy Beye (Fire Department)
James Ingari (Fire Department)
James Bryer
(Fire Department Compensation Committee)
Craig
Watson (Emergency Management Director)
Council Liaison
Town Administrator
There is one thing I would like clarified. What is the
Council's exact expectation of this group?
It is my understanding the Council
would like this group to review the current abatement for the Fire Department
and Ambulance Association, as well as consider other potential financial
incentives and report back to the Council. I believe the Council should make
clear its intention.
---------------------------------------------
The Town Administrator requested
clarification on the duties of the group being formed to review the issue of
tax abatement for volunteers on the Fire Department and Ambulance Association.
The Council accepted the participation
of the following individuals:
It was the consensus of the Council
that the group review the current abatement for the
Fire Department and Ambulance Association, consider other potential financial
incentives and report back to the Council.
The Council discussed additional issues
that may be considered by the group, such as, increased recruitment
methods. Other issues discussed were the
growing demand for services, time in training to provide those services and the
need to provide this basic level of service.
Councilor Settipane stated that this is
a fact-finding group, which should analyze the problem, including the
incentives and how they would be addressed in a town with a small budget and
recommendations for recruitment.
Councilor Settipane suggested in inclusion of a Personnel Board member
as an ex-officio member. The Town
Administrator noted that the Personnel Board is currently looking into the
issue of recruitment. It was the
consensus of the Council that if it was thought that additional assistance was
needed, a Personnel Board member could be considered.
Councilor Long requested that this be
continued on the Council agenda for
It was the consensus of the Council
that Councilor DiGiando be appointed as the Council Liaison.
Grant for Water Tower and Distribution
System
The Town Administrator informed the
Council that
Tax Assessor Report
Councilor Settipane highlighted the
Councilor DiGiando commended the
Highway Department for their work on the water leaks throughout the Town.
It was moved by Councilor Settipane,
seconded by Councilor Long to accept the Town Administrator’s report. So unanimously voted.
2)
Conservation Commission
a) Memorandum
re: DPW Facility & State Endangered Species
It was moved by Councilor Long, seconded by Councilor
DiGiando to accept the memorandum from the Conservation Commission. So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor
Ferguson that the New England Plant Conservation Program referencing the Violet
Wood-Sorrel be forwarded to Vollmer Associates for
their consideration in designing the highway facility. So unanimously voted.
3)
Planning Commission
a) Three (3) vacancies exist; (3) terms
ending in
i)
Requests for reappointment:
·
Betty L. Hubbard
·
Victor V. Calabretta
·
Jean MacGregor Brown
ii) Letters
of interest:
·
William A. Kelly
·
Abigail Campbell-King
·
Michael Schnack
It was brought to the attention of the Town Clerk that
there are four vacancies on the Planning Commission. It was moved by Council President Littman, seconded
by Councilor Long to continue this on the Council agenda for
4)
Planning Commission
a Memorandum from the Town Planner re: Endorsement of the
RIDEM Open Space Grant Application for the acquisition/development of land in
the Conanicut Island Greenway Trail System; Plat 7, Lot 71 and part of 29
The Town Planner requested the Council’s endorsement of
the RIDEM Open Space Grant Application for the acquisition/development of land
in the Conanicut Island Greenway Trail System; specifically, Plat 7,
Councilor
Christopher Powell noted that the Council had previously
approved the Greenway Plan and this parcel is critical to that plan.
It was moved by Council President Settipane, seconded by
Councilor Long to endorse the Rhode Island Open Space Grant Application for the
acquisition and development of land in the Conanicut Island Greenway Trail System,
Plat 7,
b)
Memorandum from Town Planner re: Comprehensive
Community Plan, proposed changes to Plan to address comments from Statewide
Planning
i) Order
advertisement for hearing
The Town Planner informed the Council that the Planning
Commission and Affordable Housing Commission have reviewed and made changes to
the Jamestown Comprehensive Community Plan as recommended by Statewide
Planning. It has been recommended by the
Town Solicitor that the Planning Commission and the Town Council hold public
hearings on those changes. Ms. Bryer
reported that the Planning Commission would hold their hearing on
It was moved by Councilor Settipane, seconded by Council
President Littman to order the Clerk to advertise for a public hearing on the
changes to the Comprehensive Community Plan to be held on
5)
Neighborhood Advisory Committee re: Highway Facility
a) Role
of committee
Councilor Settipane indicated that it was his
understanding that at the present time, the Council is working directly with
the Town Administrator, Public Works Director and John Hannigan from Vollmer
Associates. Councilor Settipane stated
that the Neighborhood Advisory Committee would be involved on an as needed
basis.
Council President Littman stated that the Council is
expected to review the interim report from Vollmer Associates, and if
necessary, would forward information to the committee. President Littman stated that it was not the
Council’s intention to exclude the Neighborhood Advisory Committee, but rather
to work with Vollmer Associates, with consideration being given to information
presented to the Council by the committee.
The Town Administrator informed the Council that Vollmer
Associates would be attending the
Councilor DiGiando noted that the next step that the
Council will be to contract with an architectural firm to do the formal
design.
6)
Library Board of Trustees re: term ending dates
In order to ensure that a quorum will be possible while
considering appointments to the Library Board of Trustees, it was moved by
Councilor Settipane, seconded by Councilor Long to amend the term ending date
for the appointment of Nancy Logan to
UNFINISHED BUSINESS
1) Harbor Management Commission (cont.
from
a) Bid approval for East Ferry dingy dock
and ramp
b) Town Solicitor opinion re: liability
and enforcement issues (continue on agenda until information is received)
James Archibald informed the Council
that the bid is as presented at the
It was moved by Council President
Littman, seconded by Councilor Long to award the bid for the construction of
the East Ferry dinghy dock and ramp by Narragansett Dock Works, Inc. for the
amount as recommended by the Harbor Management Commission on
The Town Solicitor informed the
Council that Mr. Parks has been in touch with the Harbor Management Commission
and Mr. Munger to work out an agreement regarding the liability and enforcement
issues.
It was the consensus of the Council
to continue this on the Council agenda to discuss liability and enforcement
issues with the Town Solicitor.
2) Jamestown Housing Authority (continued
from
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
c)
Town Solicitor written opinion (new information
included in packet)
The Town Solicitor informed the
Council that every effort must be made to appoint a resident of the Housing
Authority; if there was not one qualified, the Council could then appoint a
qualified member of the community to fill the vacancy.
Following Council discussion on the
need to fill the vacancy with a resident of the Housing Authority, it was moved
by Councilor DiGiando, seconded by Councilor Long to appoint Shirley A. Dean to
the Jamestown Housing Authority for a term ending
It was moved by Council President
Littman, seconded by Councilor Long to accept the letter from A. Lauriston
Parks. So unanimously
voted.
3) Contract Negotiations (continued from
a) Council liaison
As requested by Councilor Settipane,
the Council discussed the possibility of appointing a Council Liaison to sit in
on labor negotiations. Councilor
Settipane suggested that the Council Liaison would be an observer rather than a
participant. Additionally, Councilor
Settipane noted that, as mentioned by Peter Ruggiero, Assistant Town Solicitor,
any member of the Town Council could attend labor negotiations.
There was a lengthy discussion by the
Council as to whether a liaison is needed and how it would affect contract
negotiations. The Town Solicitor
cautioned the Council that if three members of the Council attended a
negotiations meeting, it would then be necessary to post the meeting and to
take minutes. Additionally, Mr. Harsch
stated that the Council should consider the position and function of the Town
Solicitor and Town Administrator in negotiating.
In order to keep the Council updated
on labor negotiations, Councilor Settipane and Councilor Long suggested
scheduling executive sessions earlier in the Council meetings or to hold a special
executive meeting on a separate date.
It was moved by Councilor Settipane,
seconded by Council President Littman to appoint a Council Liaison for contract
negotiations as a non-voting member to sit in with the Town Administrator and
Town Solicitor. It was voted, Councilor
DiGiando, nay; Councilor Ferguson, nay; Councilor Long, nay; Councilor
Settipane, aye; Council President Littman, nay.
The motion failed.
4) Street Light, pole #1, Valley Street
re: shielding/redirection or reduction of wattage (continued from
a) Report
from Town Administrator
The Town Administrator noted that she
was informed that the light has been redirected as much as possible. Additionally, she noted that she would like
to meet with the resident and Town Officials to discuss the street light
further.
Mr. Cochran,
5) Jamestown Volunteer Fire Department and
Jamestown Ambulance Association (continued from
a) Abatement
program
Previously
discussed.
7)
Penalty Assessment Fee (continued from Water and Sewer
meeting
a) Report from Town Solicitor
The Town Solicitor reported that
after a review of meeting notices and minutes, it has been found that the
Council action relating to the penalty assessment fee could be voidable if it
were to be challenged due to the fact that it was improperly listed as “review
of rate schedule.” The next issue to be
discussed is the Town Council’s ability to void the penalty assessment. At this time, the Town Solicitor noted that
the term penalty might not be the best way to describe what is designed to be a
charge for excessive water usage.
On another matter, the Town Solicitor
informed the Council that the Town Council meets regularly three times per
month; at one of those meetings tends to emphasize water and sewer
matters. However, as a technical matter,
the Council is within its rights and prerogatives to act on this particular
issue or other issues at any of those meetings as long as it has been properly
noticed. Additionally, Mr. Harsch
recommended that the Board of Water Sewer meetings be properly noticed as a
Town Council meeting.
Councilor Long stated that at the
time the Council considered the rate schedule, he suggested that the Town hire
a consulting firm that had experience with how to access and administer water
rates and high user rates.
Council President Littman noted that
the Council has hired a consultant. The
Town Administrator stated that a report would be submitted to the Council prior
to review of the Water and Sewer budget.
It was moved by Council President
Littman, seconded by Councilor Long that the penalty assessment fee imposed on
b) Letter from Jocelyn T. Shaw
It was moved by Council President
Littman, seconded by Councilor Long to accept the communication from Jocelyn T.
Shaw. So unanimously
voted.
COMMUNICATIONS
None
NEW BUSINESS
1) RI Statewide Planning Program re: Project Notification and
Review System, Supplemental Environmental Impact Statement for the Jamestown
Bridge Replacement Project (reply due by
It was
moved by Councilor Settipane, seconded by Council President Littman to accept
the communication from RIDOT regarding Project Notification and Review System,
Supplemental Environmental Impact Statement for the Jamestown Bridge
Replacement Project. So
unanimously voted.
The Town
Administrator stated that she will respond to RIDOT prior to the
2) Letter of appeal re:
Jamestown Harbor Commission decision dated
It was the
consensus of the Council to schedule the appeal of Dr. Jerrold Rosenberg at
3) Councilor requests for information/Agenda items (per
Councilor DiGiando)
Councilor DiGiando
questioned the process for individual Council members requesting
information. Councilor DiGiando
suggested that items be listed on the Council agenda so that it would give each
member a chance to discuss additional information, if any, that they would like
to receive.
Councilor
Settipane stated that the information that he has requested are all public
documents and as a Council member or member of the public should be
available. Councilor Settipane also
noted that individual Council member’s ideas may be different as to what each
member needs to look at when deciding an issue.
If there are issues found for discussion by the Council, they would then
be put on an agenda. It is the Town
Administrator’s policy to hand out all individually requested information to
each Council member.
4) Warrant for Financial Town Meeting
a) Referendum
for refinancing
b) Warrant
The Town
Clerk noted that on Resolution Number 5, the listings for the Tax Assessor’s
Maps are incorrect. The listing should
be
5)
Victualing License
3 Ferry
Wharf
a) Letter
from Daniel P. Connelly re: Allied Domecq QSR dba: Baskin Robbins / Dunkin
Donuts request to rescind Council action on
It was
moved by Councilor Settipane, seconded by Councilor Long to rescind the
Victualing License granted to Allied Domecq QSR dba: Baskin Robbins / Dunkin
Donuts. So unanimously
voted.
b) Renewal
Application from Diana Scanlon-Andreozzi dba: Spinnakers Café & Mobile Unit
It was
moved by Council President Littman, seconded by Councilor Long to approve the
renewal of Victualing License for Diana Scanlon-Andreozzi dba: Spinnakers Café
& Mobile Unit from December 2003 to November 2004, subject to the
resolution of debts, taxes and appropriate signatures. So unanimously voted.
6) Approval
of Budget
Previously discussed.
7) Approval
of Ten-Year Capital
It was
moved by Councilor Settipane, seconded by Councilor Long to approve the
Ten-Year Capital budget. So unanimously voted.
EXECUTIVE SESSION
It was
moved by Councilor Long, seconded by Councilor Ferguson to enter into executive
session at 10:00 PM, pursuant to RIGL 42-46-5 (a) (2) to discuss
litigation. It was voted, Councilor
DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Councilor
Settipane, aye; Council President Littman, aye.
The motion passed.
Councilor
Settipane recused himself in the executive session and left the Council meeting
at
The Council
returned from executive session at
There being
no further business before the Council, it was moved by Councilor DiGiando,
seconded by Council President Littman to adjourn the meeting at
Attest:
Arlene D. Petit
Town Clerk