TOWN COUNCIL MEETING
(as amended on
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
Guy J. Settipane
Claire M. Ferguson
also present:
Maryanne Crawford, CPA, Town Administrator
Carly Iafrate,
Arlene D. Petit, Town Clerk
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Proclamation 04-002P honoring James A.
McLoughlin, recipient of the Blue Cross and Blue Shield of Rhode Island and the
American Red Cross of
It was moved by Councilor Settipane, seconded by Councilor DiGiando to adopt Proclamation 04-002P honoring James A. McLoughlin as a community hero. So unanimously voted.
Council President Littman presented the proclamation to Mr. McLoughlin and acknowledged the presence of Town staff and Ambulance Association members.
2) Proclamation 04-003P re: Arbor Day
It was mobbed moved by Council President Littman,
seconded by Councilor DiGiando to approve Proclamation 04-003P proclaiming
Friday, April 30, 2004 as Arbor Day in the Town of Jamestown. So unanimously voted.
3) Proclamation 04-005P re: Equal Pay
It was moved by Council President Littman, seconded by Councilor Settipane to approve Proclamation 04-005P proclaiming Tuesday, April 20, 2004 as Equal Pay Day. So unanimously voted.
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION
None
CONSENT AGENDA
Councilor Settipane announced that he was
not in attendance at the
Council President Littman stated that he
would not be voting on item #6 (a).
It was requested that items # 1 (b) and (c), 2, 3 (c), 4 (c) and 6 (a) 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) Library
Board of Trustees (
b) Zoning
Board of Review (
c)
d)
e)
Water Resource Protection Committee (
f)
Fire/Rescue Abatement (
4) CRMC Notices:
a) April 2004 Calendar
b) Meeting
notice re: application for State assent of RIDOT on Tuesday, April 13th
at
c)
d) Public
Notice revised re: Joseph Oliveira,
e) Public
Notice re: Thomas & Lois Markarian,
f) Public Notice re: Bernard & Traci Maceroni, 54 Taylor Drive, East Providence, to construct a residential boating facility located at Plat 2, Lot 70; 596 East Shore Rd.
5) RI Department of Environmental Management:
a) Notice re: Project priority list request for projects State fiscal year 2005
b)
Notice re: application of RIDOT requesting a State
Water Quality Certification under the Water Quality Regulations to demolish the
original
6) Zoning Board of Review abutter notification:
a)
b) Appeal of STD Building Corp. applicant, Mary Lou K. Ball, owner, whose property is located on Ferry Street, and further identified as Tax Assessor’s Plat 5, Lot 58 for an appeal under Article 5, Section 503 in regards to the decision of Administrative Officers classifying property as Sub District A, in the High Ground Water Impervious Layer Overlay District (Article 314). Said property is located in a R40 zone and contains 14,400 sq. ft.
7)
Proclamations & Resolutions from other
a)
Town of
i) Resolution in support of
ii) Revenue sharing and alternate methods of revenue enhancement
b)
City of
i) Resolution in support of 2004-H 7804 Entitled “An Act Relating to Alcoholic Beverages – Licenses”
c)
i) Resolution re: proposal to develop a
gambling casino in
8) Planning Guidance Memo from RI Statewide Planning Program re: Zoning amendments and local Comprehensive Plan Consistency
9) Abatements/Addenda of Taxes
*******************************************
1) Council minutes
b)
It was moved by Councilor Long, seconded by Councilor
DiGiando to accept the
c)
Councilor DiGiando requested that the minutes be corrected as follows:
Page 3 should note that Ms. Swistak stated that Dr. Rosenberg’s property was found not to be in a class one category.
Page 9 should be corrected to read ….if there is room, they may apply for up to four moorings.
It was moved by Councilor DiGiando, seconded by Councilor
Ferguson to accept the
2) Bills and Payroll
Councilor Settipane questioned the billing submitted by the Town Solicitor and requested that he receive additional information containing a breakdown on the hours and projects worked on to date by the Town Solicitor.
It was moved by Councilor Settipane to approve the bills and payroll along with the request for additional documentation detailing the billing hours and associated projects from the Town Solicitor. The motion was seconded by Councilor Long and passed unanimously.
3) Minutes from Boards, Commissions and Committees:
c) Harbor Management Commission (
Councilor Settipane expressed his concern relating to the February 11, 2004 Harbor Management Commission meeting where there were only two members voting on some issues and requested clarification on the number of members needed for a quorum. The Town Clerk stated that she would provide the information at the next Town Council meeting.
It was the consensus of the Council to continue the
acceptance of the
4) CRMC Notices:
c) Public Notice re: Patricia Rompf,
Councilor
6) Zoning Board of Review abutter notification:
a) Application of Kevin E. & Joanne A. Phillips, whose property is located at 76 Mt. Hope Ave., and further identified as Tax Assessor’s Plat 8, Lot 324 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct an attached garage which will be 10’ from the westerly property line wherein 20’ is required. Said property is located in a R20 zone and contains 20,000 sq. ft.
Council President Littman noted that item 6 (a) was a conflict of interest and he would abstain from voting.
It was moved by Councilor Long, seconded by Councilor DiGiando to accept abutter notification regarding Kevin E. & Joanne A. Phillips. It was voted four in favor and one abstention.
EXECUTIVE SESSION ANNOUNCEMENT
None
PUBLIC HEARING
None
OPEN FORUM
Scheduled request to address
None
Non-scheduled request to address
Adolphe Salaum,
Representative Bruce Long reported on legislation as well as the following:
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS
1)
Town Administrator’s report
(attached)
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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 Town has received a $94,202
grant from RIEMA to assist local communities with homeland security. In March,
RTEMA held two workshops to explain the guidelines and application approval
process. Since March, Town officials have met and determined that the following
projects will be funded: SCBA bottles for the Fire Department, security system
for sensitive Town owned infrastructure, a regional study of communities on
I have spoken to the Governor's
Office as well as Jim Smith, City Manager in
As you know at the annual
Financial Town Meeting the voters approved the refinancing of Town debt. I have
been working with Bill Fazioli, the Town's Fiscal
Advisor, regarding the refinancing of Town debt. At this time I anticipate the
closing to take place in early May. Once the closing is finalized, I will
forward to you the savings and debt cost to the Town.
Attached please find information
regarding the Town's annual household hazardous waste day. This year's
hazardous waste day will be held on
Attached please find a copy of the
contact for RI Resource Recovery, Larry Parks has reviewed and approved the
contract.
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Finance Director’s Report
The Town Administrator noted that line item number 70320324 was incorrectly reported. The correct entry should be 70320324 Water $83.62.
The Council requested additional information on the following:
Solid Waste and Recycling Services Agreement
Councilor DiGiando inquired what
the tonnage was for the contract and pointed out that on the first page of the
agreement there is an error showing the name of the Town of
The Town Administrator stated that the error would be corrected.
Refinancing of Town Debt
The Town Administrator reported that the actual maturity
date of the notes and the principal payment would stay the same; however, the
interest rate will drop. The majority
of the debt that will be affected would be the
Liquefied Natural Gas (LNG)
The Town Administrator reported that
2) Town Clerk's Office
a) Memorandum re: amendment to Council minutes
It was moved by Councilor DiGiando, seconded by
Councilor Long to adopt the amended minutes for the
b)
Meeting notice re: Appeal of Dr. Jerrold Rosenberg and
Proposed Harbor Management Ordinance on
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the notice from the Town Clerk. So unanimously voted.
c)
Meeting notice re: Public access and rights-of-way on
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the work session notice from the Town Clerk. So unanimously voted.
3) Harbor Management Commission
a) Letter from Chair re: proposed
kayak/dinghy rack at
It was moved by Council President Littman, seconded by Councilor Long to accept the communication from the Harbor Management Commission. So unanimously voted.
4) Conservation Commission
a) Letter re: Earth Day Cleanup on April 17th
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter regarding Earth Day Cleanup from the Conservation Commission. So unanimously voted.
UNFINISHED BUSINESS
1) Touch
& Go Dock at East Ferry (cont. from
a) Draft of proposed ordinance
The Town Administrator reported that the Town Solicitor is
drafting the proposed ordinance and will forward it to the Council for the
2)
It was the consensus of the Council to refer the RI for Health Care Resolution to the Town Clerk so that the appropriate language and format can be added.
3)
Highway Barn Facility (cont. from
a) Vollmer Associates re: reduction in cost estimates
Council President Littman noted that the cost reduction submitted by Vollmer Associates was modest, only reducing the project cost by approximately $200,000.00. President Littman requested comments and suggestions from the Council.
Councilor
Settipane stated that Gannett/Flemming and Siegmund and Associates had
previously submitted plans for building a facility at
Councilor DiGiando commented that there are two costs associated with the facility. There is a site preparation cost of $1,154,000.00 and a building cost of $1,561,100.00. Councilor DiGiando agreed that the cost was high and asked if there was something wrong with the site. Councilor DiGiando stated that perhaps we should consider breaking the facility up into more than one site.
In an attempt to move the decision process along, Councilor Ferguson suggested that along with the work session with Vollmer Associates, reports on other sites submitted by committees that have previously worked on this project be reviewed and possibly reconsidered.
Councilor
Long noted that the site at
The Town Administrator noted that she has information on steel buildings and inquired if the Council would like to consider it.
It was the consensus of the Council that the information on steel buildings would be reviewed at the work session.
Councilor Settipane requested that the Council be provided with a detailed breakdown of material costs from Vollmer Associates prior to the work session.
4)
Liquefied Natural Gas (LNG) Facility (cont. from
Previously discussed.
Continued from Board of Water and Sewer meeting on
March 15, 2004:
1) Letter from Dr. Patrick J. Barosh and
Dr. Reinhard K. Frohlich re: Federal grant
It was the consensus of the Council to refer the administration of the request from Dr. Patrick Barosh and Dr. Reinhard Frohlich to the Town Administrator.
COMMUNICATIONS
1) Letter from Dennis Webster re: proposal to help provide funding for affordable housing and the preservation of open space and request to refer to the Town Administrator, Planning and the Town Solicitor for legislation
It was moved by Councilor Settipane, seconded by Councilor Long to accept the communication from Dennis Webster and continue it on the April 26 Town Council agenda. So unanimously voted. It was the consensus of the Council to refer the letter to the Town Administrator.
2) RI Department of Transportation (DOT) re: Final Supplemental Environmental Impact Statement (SEIS)
It was moved by Councilor Long seconded by Councilor DiGiando to accept the communication for DOT and to refer it to the Conservation Commission. So unanimously voted.
3)
Letter from Mayor Edward M. Lambert, Jr. of
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Mayor Edward M. Lambert, Jr. So unanimously voted.
4) Letter from Executive Director Albert A. Scappaticci, RI Emergency Management Agency (RIEMA) re: 2004 Homeland Security Grant Program
It was moved by Councilor Long, seconded by Councilor DiGiando to accept the letter from RIEMA. So unanimously voted.
5) Letter from Dr. Jerrold Rosenberg re: mooring appeal
It was
moved by Councilor Settipane, seconded by Councilor Long to accept the letter
from Dr. Jerrold Rosenberg as communication and refer the matter to the hearing
on
6)
Letter from Beverly R. Snyder re: Replacement of
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Beverly R. Snyder. So unanimously voted.
7) Letter from Mary Ann Joyce re: Ingress and egress onto the Water Tower property by Mr. Jim West
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter with discussion from Ms. Joyce. It was moved by Councilor Settipane, seconded by Councilor Long to amend the motion to refer the communication to the Town Administrator. The amended motion was unanimously voted for by the Council. The main motion as amended was unanimously voted for by the Council.
Mary Ann Joyce informed the Council that she is not having a problem with the ingress and egress granted to Mr. West by the Council; however, there are other individuals that are now using the water tower property to bring equipment in and out of their yards.
8) Letter from Gary Cournoyer, Chairman of the Democratic Town Committee re: Changing Town Election date
The Town Administrator stated that she has been working with the Town Solicitor on this issue. Based on the Jamestown Charter, it would be necessary to amend the charter in order to change the date of the local election. The Town Administrator requested that this issue be continued to the Council meeting on April 26 for further discussion.
It was moved by Councilor DiGiando, seconded by Councilor Long to accept the letter from Mr. Cournoyer.
9) Letter from Kevin Carty re: Public access to island wide rights-of-way
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Kevin Carty. So unanimously voted.
10)
a) Letter from Robert Jannelle
It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Robert Jannelle. So unanimously voted.
b) Letter from Diane Horm Wingerd
It was moved by Councilor DiGiando, seconded by Councilor Long to accept the letter from Diane Horm Wingerd. So unanimously voted.
11) Martin J. Walsh, Massachusetts
Representative and Chairman of the Homeland Security & Federal Affairs
re: invitation to an informational
hearing regarding Liquefied Natural Gas (LNG) facility in
It was moved by Councilor Long, seconded by Councilor Settipane to accept the communication from Martin J. Walsh. So unanimously voted.
NEW BUSINESS
1)
a) Maureen Dunn Packer request to waive $150.00 pavilion fee for the 3rd annual Ali Dunn Packer Memorial Race on Sunday, June 6th
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to approve the Fort Getty Pavilion Application for the 3rd annual Ali Dunn Packer Memorial Race for Sunday, June 6 and to waive the $150.00 fee. So unanimously voted.
2) Ft Getty Pavilion Entertainment License Application
a) Maureen
Dunn Packer request to have a DJ and waive the $5.00 application fee for the 3rd
annual Ali Dunn Packer Memorial Race on Sunday, June 6th
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to approve the Entertainment License Application for the Ali Dunn Packer Memorial Race on Sunday, June 6 and to waive the $5.00 fee, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
3) One Day Peddler License Application
a)
Sue Maden request to sell books, tiles and photographs
during the Memorial Day Parade on
It was
moved by Council President Littman, seconded by Councilor Long to approve the
One Day Peddler License to sell books, tiles and photographs on
b)
It was
moved by Councilor DiGiando, seconded by Councilor Long to approve the One Day
Peddler License to the
4) Trash Collector Renewal Application
a) Waste
Management of RI, Inc.; dba: Waste Management of RI, Inc, c/o Kevin Dugan,
It was
moved by Councilor Settipane, seconded by Councilor DiGiando to approve the
Trash Collector Renewal Application for Waste Management of RI, Inc. for a
period of
5) Private Investigator License (bond application attached)
a) David J. DeAngelis
It was moved by Councilor Settipane, seconded by Councilor DiGiando to approve the Private Investigator License for David J. DeAngelis, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.
6) Highway Barn Facility
a) Establish budget plan (per Councilor Settipane)
Previously discussed.
7) International Brotherhood of Police Officers Local 305 (IBPO)
a) Union Contract
Council President Littman indicated that there were several lengthy discussions held in executive session regarding the IBPO contract.
The Town Administrator presented the negotiated changes to the contract. Following are the items in the contract outlined by the Town Administrator:
§ Three year contract ending in 2007
§ Pay increases are 3.5% for the first year of the contract, 3.5% for the second and 3.75% for the third year
§ One additional holiday (13 holidays)
§
Increase in Co-payment of from
$2.00 to $5.00 for prescriptions
§
Co-payment of 20% for medical benefits
for anyone hired after 1996
There was no increase in longevity, no increase in uniform allowance, no fitness incentive and no financial incentives for additional educational degrees.
Councilor Settipane expressed his disappointment in the IBPO contract, most particularly in that there was no progress made on an overall co-payment on benefits and securing a cap on longevity.
Following Council discussion, it was moved by Councilor Long, seconded by Councilor Ferguson to ratify the union contract for the International Brotherhood of Police Officers (IBPO) Local 305. It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Settipane, nay; Council President Littman, aye. The motion passed with four in favor and one opposed.
There being
no further business before the Council, it was moved by Councilor Long,
seconded by Councilor Ferguson to adjourn at
Attest:
Arlene D. Petit
Town Clerk
c: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation