TOWN COUNCIL MEETING

April 12, 2004

 (as amended on April 26, 2004)

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:10 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Guy J. Settipane

Claire M. Ferguson

 

also present:

Maryanne Crawford, CPA, Town Administrator

Carly Iafrate, Assistant Town Solicitor

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 Rhode Island community hero award

 

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 March 22, 2004 Council meeting and would abstain from voting on the acceptance of those minutes.

 

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)                  03/15/2004 Special Meeting

b)                   

c)                   

2)                   

3)         Minutes from Boards, Commissions and Committees:

a)         Library Board of Trustees (02/17/2004)

b)         Zoning Board of Review (02/24/2004)

c)                   

d)                  Jamestown Substance Abuse Prevention Task Force (03/03/2004)

e)                  Water Resource Protection Committee (11/20/2004, 02/24/2004)

f)                    Fire/Rescue Abatement (02/27/2004, 03/19/2004)

4)         CRMC Notices:

a)         April 2004 Calendar

b)         Meeting notice re: application for State assent of RIDOT on Tuesday, April 13th at 6:00 PM

c)        

d)         Public Notice revised re:  Joseph Oliveira, 146 East Shore Rd. to construct modifications to an existing residential boating facility located at Plat 1, Lot 229 & 296; said location

e)         Public Notice re:  Thomas & Lois Markarian, 746 East Shore Rd. to construct residential boating facility located at Plat 2, Lot 225; said location

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 Jamestown Bridge

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 Rhode Island cities and towns:

a)                  Town of Westerly

i)                    Resolution in support of

ii)                   Revenue sharing and alternate methods of revenue enhancement

b)                  City of Pawtucket

i)          Resolution in support of 2004-H 7804 Entitled “An Act Relating to Alcoholic Beverages – Licenses”

c)                  Newport County Chamber of Commerce

i)          Resolution re: proposal to develop a gambling casino in Rhode Island

8)                  Planning Guidance Memo from RI Statewide Planning Program re: Zoning amendments and local Comprehensive Plan Consistency

9)         Abatements/Addenda of Taxes

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1)         Council minutes

            b)         03/22/2004 Regular Meeting

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept the 03/22/2004 Town Council minutes.  So voted with four in favor and Councilor Settipane abstaining.

 

c)                  03/24/2004 Special Meeting

 

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 March 24, 2004 Town Council minutes as amended.  So voted with four in favor and Councilor Long abstaining.

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 (02/11/2004)

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 02/11/2004 Harbor Management Commission minutes to the April 26, 2004 meeting.

4)         CRMC Notices:

c)         Public Notice re: Patricia Rompf, 124 Bay View Dr., Jamestown re: construction of a residential boating facility located at Plat 8 Lot 268; said location

Councilor Ferguson requested that CRMC be notified that the correct address for Patricia Rompf is Bay View Drive not Bay View Avenue as stated on the public notice.

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, Seaview Avenue expressed his concern regarding the cost of the highway facility. 

 

Representative Bruce Long reported on legislation as well as the following:

  • Deadline for state legislation has passed; however, the ability to submit local legislation is valid through the end of session
  • Is continuing arrangements for a meeting regarding the LNG proposals

 

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

 

1)                  Town Administrator’s report (attached)

 

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April 12, 2004

 

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 Aquidneck Island relating to interoperability, incident command training for senior Town officials, and equipment for the Ambulance Association.

 

I have spoken to the Governor's Office as well as Jim Smith, City Manager in Newport, regarding the LNG tankers. I have received the attached letter from the Mayor of Fall River and have contacted the Mayor. I anticipate receiving additional information in the coming weeks. Once I receive this information, I will forward it to you.

 

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 April 17, 2004 at Second Beach Parking lot located in Middletown. In recent years many Jamestowners have participated in this event.

 

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 Barrington.

 

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 Lawn Avenue School, Melrose Avenue School and the Police Station.

 

Liquefied Natural Gas (LNG)

The Town Administrator reported that Newport is waiting for additional information prior to passing any resolution regarding LNG.  Additionally, The Town Administrator informed the Council that she would be attending a workshop in Fall River on Friday and will provide the Council with any additional information.

 

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 February 23, 2004 Town Council meeting.  So unanimously voted.

 

b)                  Meeting notice re: Appeal of Dr. Jerrold Rosenberg and Proposed Harbor Management Ordinance on April 15, 2004

 

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 April 29, 2004

 

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 East Ferry Beach

 

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 03/22/2004)

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 April 26, 2004 agenda.

 

2)                  Rhode Island for Health Care Resolution (cont. form 03/22/2004)

 

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 03/22/2004)

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 Taylor Point for less of a cost than offered by Vollmer Associates.  Councilor Settipane requested that the Council hold a work session with Vollmer Associates to discuss the costs associated with the proposed highway facility and if need be reevaluate the project.  Councilor Settipane suggested that no more than $2,000,000.00 should be targeted for this project.

 

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 Taylor Point is visible; therefore, it is a costly process to make it look good and fit into that area.

 

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 03/22/2004)

 

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 Fall River re: LNG terminal

 

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 April 15, 2004 for further consideration.  So unanimously voted.

 

6)                  Letter from Beverly R. Snyder re: Replacement of Pemberton Place Heating

 

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)              Jamestown Boatyard

            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 Fall River on April 16, 2004

 

It was moved by Councilor Long, seconded by Councilor Settipane to accept the communication from Martin J. Walsh.  So unanimously voted.

 

NEW BUSINESS

 

1)         Fort Getty Pavilion Application

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 Narragansett Avenue on May 31st

 

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 Narragansett Avenue during the Memorial Day parade.  So unanimously voted.

 

b)                  Central Baptist Church request to sell food, flea market items and auction items and waive the $5.00 application fee for its annual June Festival on June 19th

 

It was moved by Councilor DiGiando, seconded by Councilor Long to approve the One Day Peddler License to the Central Baptist Church for the annual June Festival on June 19 and to waive the $5.00 fee.  So unanimously voted.

 

4)         Trash Collector Renewal Application

a)         Waste Management of RI, Inc.; dba: Waste Management of RI, Inc, c/o Kevin Dugan, 65 Halsey St., Newport

 

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 March 1, 2004 to February 28, 2005 subject to the payment of proper fees and appropriate signatures.  So unanimously voted.

 

5)                  Private Investigator License (bond application attached)

a)         David J. DeAngelis

            15 Weeden Lane

 

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 9:16 PM.  So unanimously voted.

 

Attest:

 

 

Arlene D. Petit

Town Clerk

 

c:          Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation