TOWN COUNCIL MEETING

August 23, 2004

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:04 PM by Council President Kenneth G. Littman.  The following members were present:

David J. Long, Vice President

Julio J. DiGiando

Claire M. Ferguson

absent:    Guy J. Settipane

 

also present:

Thomas P. Tighe, Interim Town Administrator

Richard M. Bianculli, Jr., Town Solicitor

Arlene D. Petit, Town Clerk

Lisa Bryer, Town Planner

Steven J. Goslee, Public Works Director

Michael Gray, Deputy Public Works Director/Town Engineer

 

 

Council President Littman expressed his condolences on behalf of the Town Council to Councilor Settipane for the loss of his father, Dr. Guy A. Settipane.

 

COUNCIL SITTING AS ALCOHOLIC LICENSING BOARD

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signatures as well as, when applicable, proof of insurance.

None

 

CONSENT AGENDA

An item on the Consent Agenda need not be removed for simple clarification or correction of typographical errors.  Approval of the Consent Agenda shall be equivalent to approval of each item as if it had been acted upon separately.

 

It was requested that items 1(a), 6 and 7(b) be removed from the consent agenda.  It was moved by Councilor Long, seconded by Councilor Ferguson to approve the consent agenda as amended.  So unanimously voted.  The consent agenda consisted of the following:

1)         Adoption of Council minutes:

a)        

b)         08/10/2004 Regular Meeting

2)         Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Conservation Commission (07/13/2004)

b)         Tax Assessment Board of Review (08/04/2004)

c)         Library Board of Trustees (06/15/2004)

d)         Town Administrator Search Committee (07/22/2004, 07/28/2004)

e)         Jamestown Housing Authority (07/13/2004)

4)         CRMC Notices:

a)         August 2004 Amended Calendar

5)         DEM Notices:

a)         Notice re: Public Hearing FY 2005 Project Priority List & FY 2005 Intended Use Plan

6)        

7)         Proclamations & Resolutions from Rhode Island cities and towns:

a)         Town of Westerly re: requesting support of a resolution in opposition to legislation allowing a new gabling casino in Rhode Island

b)        

8)         Letter from Amy L. Ritchie, Jamestown, VA, re: 2007 commemorative plans

9)         Abatements/Addenda of Taxes

******************************

1)         Adoption of Council minutes:

a)         08/05/2004 Work Session

 

Council President Littman requested that the minutes be amended as follows:  page 1, 2nd paragraph should be changed to indicate that the Town of Jamestown and State of Rhode Island co-manage Beavertail State Park not co-own.

 

6)         Notice of proposed ISDS requiring a variance from ISDS regulations; application #0315-0037, Plat 15, Lots 84 & 85 Starboard Avenue

 

Councilor DiGiando noted that the report from the Deputy Public Works Director/Town Engineer shows that the lot next to lots 84 and 85 have a failed septic system.

 

It was moved by Councilor Long, seconded by Councilor DiGiando to accept items 1(a) and 6.  So unanimously voted.

 

7)         Proclamations & Resolutions from Rhode Island cities and towns:

b)         Town of Bristol re: support of position taken by the town of Jamestown regarding the proposed LNG facility in Fall River

 

Council President Littman requested that the Town Administrator inform them when the Bristol Town Council has set a date for the meeting with Weaver’s Cove Energy, LLC.

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the letter from the Town of Bristol.  So unanimously voted.

 

EXECUTIVE SESSION ANNOUNCEMENT

 

Council President Littman announced that the Council would enter into executive session later in the meeting, pursuant to RIGL 42-46-5 (a) (5) to discuss the acquisition of open space and lease negotiations and RIGL 42-46-5 (a) (2) to discuss contract negotiations.

 

1)         Pursuant to RIGL 42-46-5 (a) (5) Real Estate:

a)         Lease negotiations

b)         Acquisition of open space

2)         Pursuant to RIGL 42-46-5 (a) (2) Contract Negotiations

 

Council President Littman requested that item #4 under unfinished business be moved up on the agenda.

 

Unfinished Business

 

4)         Proposed Highway Barn Facility at Taylor Point

 

John Hannigan, present for Vollmer Associates

 

Council President Littman explained that a bond issue to construct the highway facility would be placed on the November 2, 2004 ballot, prior to that, Vollmer Associates would be asked to present a specific design for alternative site plan 5A, giving residents an opportunity to view the design prior to the election.    

 

Mr. Hannigan stated that it was his understanding that the Council favored the construction of a metal building on the Taylor Point site with a budget of $2,200,000.  With that in mind, and at the Council’s request, Vollmer Associates will provide a power point presentation of the layout of the facility including elevations, materials, and how the design will fit on the site.  Mr. Hannigan noted that alternative 5A includes 2,000 sq. ft. of outside storage.  Additionally, Mr. Hannigan noted that using alternative 5A would mean that aeration covers would no longer be necessary.

 

Councilor Ferguson stated that she remains opposed to changing the style and visibility of the building.

 

It was moved by Councilor Long, seconded by Councilor DiGiando to instruct Vollmer Associates to proceed with preliminary designs for alternative 5A to be presented to the Council and residents by the beginning of October, which include detailed diagrams of the building and outdoor storage space.  It was voted Councilor DiGiando, aye; Councilor Ferguson, nay; Councilor Long, aye; Council President Littman, aye.  The motion passed with three in favor and one opposed.

 

COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE COMMENTS & REPORTS

 

1)         Town Administrator verbal report

a)         Department Director’s reports

 

The Town Administrator informed the Council that the items to be discussed are agenda items and could be discussed at that time.

 

2)         Public Works Department

a)         Memo from Michael Gray re: Wastewater Management Program

 

Michael Gray, Deputy Public Works Director/Town Engineer, reviewed his memorandum dated August 18, 2004 regarding the Wastewater Management Program.  Mr. Gray reported that there have been 965 inspections to date; out of those 965 inspections there have been 32 failed systems, of which, all but 8 have been repaired, with 6 of those 8 not responding to notification.  There are 750 systems left to inspect. 

 

Mr. Gray also reported that the Town has received a matching grant in the amount of $25,000 from RIDEM to fund an ISDS Riser/Filter Retrofit Program.  This program will provide $100.00 of financial assistance to 250 homeowners with existing septic systems to retrofit their systems with effluent filters over the outlet from the septic tank and install watertight PVC or polyethylene access risers where needed. 

 

Councilor DiGiando inquired how substandard systems (cesspools) fit into this program.  Mr. Gray stated that at the present time, neither the Town nor RIDEM have a phase-out program in place for cesspools.

 

Mr. Gray reported that financing for repairs to septic systems is available through the Rhode Island Clean Water Finance Agency.  The specifics of this loan are included with the memorandum to the Council.

 

Unfinished Business

 

1)         Public Works Department

 

Michael Gray read his report to Council regarding Liquefied Natural Gas facilities.  Additionally, Mr. Gray reported that the Town has received a Memorandum of Agreement from the United States Coast Guard for the purposes of developing a comprehensive State-wide Emergency Response Plan to address all issues regarding safety and security at the Keyspan facility located at Fields Point in Providence and the proposed Weaver’s Cove facility. 

 

The Town Administrator reported that the Town Solicitor is reviewing the Memorandum of Agreement for review and comments. 

 

It was the consensus of the Council to forward the Memorandum of Agreement to the Council with the Town Solicitor’s comments for the next Council meeting on September 13, 2004.

 

It was moved by Council President Littman, seconded by Councilor Ferguson to accept the report from the Deputy Public Works Director/Town Engineer regarding Liquefied Natural Gas Facilities.  So unanimously voted.

 

Weaver’s Cove LNG Project Draft Environmental Impact Statement (EIS)

 

Mr. Gray informed the Council that he has reviewed the impact statement for Weaver’s Cove and found it to be site specific in Massachusetts; however, there is some information relating to the traffic through Narragansett Bay and the Taunton River.

 

There was Council discussion on the lack of information in the EIS relating to the safety of surrounding areas should there be an explosion or some other emergency.

 

It was moved by Council President Littman, seconded by Councilor DiGiando to accept the information regarding the Weaver’s Cove LNG facility.

 

PUBLIC HEARING

 

1)         Proposed amendment to the Zoning Ordinance re: Section 314 High Groundwater Table and Impervious Layer Overlay District; duly advertised on July 23rd, 30th and August 5th (continued from 08/10/2004)

 

Council President Littman opened the public hearing at 7:50 PM.

 

President Littman noted that at the August 10 meeting, the Council requested that the Planning Commission submit their rationale for the changes being made to the High Groundwater Table ordinance, as well as requesting comments from the Zoning Board of Review.  President Littman stated that although these documents have not been received, the hearing would continue to be open for public comment.

 

Leo Errara, Riptide Street, encouraged the Council to protect the Jamestown Shores.

 

Phillip Zarlengo, Seaside Drive, presented a petition on behalf of the Jamestown Shores Association and signed by 175 residents.  The petition requests that the Jamestown local government uphold the High Groundwater Ordinance as legislated and approved.  Further, any and all amendments and modifications to said ordinance should increase the scrutiny of proposed development plans in critical groundwater areas.

 

The Town Planner noted that the Planning Commission has proposed these changes in order to streamline the ordinance.  Many of the changes made are clarifications of either a definition or regulation, keeping the ordinance more in line with RIDEM.  In addition, an area of duplication has been removed by omitting the Zoning Board of Review as a permitting authority in all cases except administrative Sub-district reviews.  The new proposal also captures all development, new and additions, in Sub-District A, as well as adding a new development standards.

 

Raymond Iannetta, North Main Road, (member of Zoning Board of Review) stated that he is opposed to taking the Zoning Board of Review out of the process.  Mr. Iannetta stated that the Zoning Board of Review bases all decisions on findings of fact and because of that, when an issue is challenged in Court those findings of fact are taken into consideration.

 

Councilor DiGiando stated that the Council also needs to consider a contingency plan to protect the entire island’s water supply and suggested a comprehensive discussion on the issues relating to the water and sewer district as well as the issues concerning the Jamestown Shores.

 

The Council discussed the fact that it is the intention of this ordinance to encourage responsible development. 

 

Councilor Ferguson suggested that the Board of Water and Sewer Commissioners should be expanded to all areas of Jamestown and not just the village.

 

Charlotte Zarlengo, Seaside Drive asked the Council to consider purchasing property in the Jamestown Shores area in order to protect the water supply.

 

It was moved by Council President Littman, seconded by Councilor DiGiando to continue the hearing and public comment to September 13, 2004 at 7:00 PM at the Jamestown Philomenian Library.  So unanimously voted.

 

ORDINANCES AND RESOLUTIONS

 

None

 

COMMMUNICATIONS AND PETITIONS

 

1)         Petition from residents against Deer Management as proposed by DEM

(10 postcards)

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the petitions regarding the Deer Management Program as proposed by RIDEM.  So unanimously voted.

 

            2)         Letter from Nancy W. Bennett re: deer population

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Nancy W. Bennett.  So unanimously voted.

 

3)         Letter from Jane Berglund-Toll re: deer population

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Jane Berglund-Toll.  So unanimously voted.

 

4)         Letter from Thomas F. Ginnerty re: deer population

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from Thomas F. Ginnerty.  So unanimously voted.

 

5)         Letter from the Knights of Columbus requesting a proclamation for Romeo R. Lambert

 

It was moved by Councilor Long, seconded by Councilor Ferguson to accept the letter from the Knights of Columbus.  So unanimously voted.

 

6)         Letter to the Planning Commission re: notification and solicitation of comments for proposed Rhode Island Army National Guard Landing Zones

 

Councilor DiGiando expressed his concern relating to noise issues and suggested that alternative areas to Dutch Island be considered for a training site, such as the Charlestown Airport or Gould Island.

 

It was the consensus of the Council that the Town Planner and Town Administrator request additional information and that this item be continued on the September 13, 2004 Council agenda.

 

It was moved by Councilor DiGiando, seconded by Councilor Long to accept the communication received from EA Engineering, Science, and Technology, Inc. on behalf of the Rhode Island Army National Guard.  So unanimously voted.

 

LICENSES & PERMITS

All approvals for licenses and permits are subject to the resolution of debts, taxes and appropriate signatures as well as, when applicable, proof of insurance.

 

None

 

OPEN FORUM

 

1)         Scheduled request to address

a)         Representative Bruce Long – Legislative Update

 

Representative Long presented a verbal legislative update.

 

2)         Non-scheduled request to address

 

The Town Administrator informed the Council that the Chamber of Commerce will be hosting a Waterfront Festival in appreciation of the Public Safety Professionals and Volunteers on Saturday, September 11, 2004.  Additionally, Chief Tighe noted that the State Traffic Commission has given permission to block off Narragansett Avenue for a parade to coincide with the festival.  Chief Tighe stated that there is a vigil scheduled for September 12, 2004 with a parade down Narragansett Avenue for which the State has also granted permission.

 

APPOINTMENTS AND RESIGNATIONS

 

1)         Affordable Housing Commission

a)         Letter from Paul M. Robertson re: resignation

 

It was moved by Councilor Long, seconded by Council President Littman to accept the resignation of Paul M. Robertson.  So unanimously voted

 

It was the consensus of the Council to use the list of previous applicants to fill this position.

 

2)         Jamestown Ambulance Compensation Committee

a)         One (1) vacancy exists for citizen-at-large member, term ending May 31, 2006; if favorable

i)          Seeking appointment:

           Nancy Kolman-Ventrone

 

It was moved by Councilor Long, seconded by Councilor Ferguson to appoint Nancy Kolman Ventrone to the Jamestown Ambulance Compensation Committee with a term ending May 31, 2006.  So unanimously voted.

 

UNFINISHED BUSINESS

 

1)         Public Works Department (cont. from 08/10/2004)

a)         Report from Michael Gray, PE 

i)          Liquefied Natural Gas (LNG) facilities

 

Previously discussed.

 

b)         Information provided by Council President Littman re: Weaver’s Cove LNG Project, Draft Environmental Impact Statement by FERC, August 2004

 

Previously discussed.

 

2)         Letter and Petition from Clayton Carlisle re: boogie boards at Mackerel Cove Beach (cont. from 08/10/2004)

a)         Memorandum from Town Clerk with proposed ordinance amendment Sec. 42.53 as submitted by the Town Solicitor

 

It was the consensus of the Council to order advertising for a hearing on the proposed amendment to the Jamestown Code of Ordinance, Sec. 42-53. relating to inner tubes, surfboards, rafts, flotation devices, golf clubs, ball playing, boating and water skiing at beaches, for hearing on September 27, 2004.

 

3)         Design, Construction and Maintenance Agreement by and between RIDOT and the Town of Jamestown replacement of temporary water hose (continued from 07/19, 08/10 & 08/16/2004)     

 

The Town Administrator reported that he has set up a meeting between RIDOT, Jamestown Public Works Director, himself and the Town Solicitor to review all options for the replacement of the temporary water hose on the JamestownVerrazano Bridge.  Chief Tighe reported that the Town of North Kingstown and the Town of Jamestown have some concerns about the line being placed on the sidewalk of the bridge and that these concerns will be addressed. 

 

The question of whether or not Jamestown has a contract or written commitment from North Kingstown for the purchase of water was discussed.

 

The Public Works Director informed the Council that to his knowledge there is not a new written agreement with the Town of North Kingstown; however, they have been honoring the original agreement signed some years ago.  This agreement states the date restrictions that the Town of North Kingstown has put on for the purchase of water to the Town of Jamestown. 

 

It was the consensus of the Council to have the Public Works Director provide the Council with the Memorandum of Understanding between the Town of North Kingstown and the Town of Jamestown for review at the next Council meeting on September 13, 2004.

 

4)         Proposed Highway Barn Facility at Taylor Point (per Council President Littman)

a)         Council decision re: design for building and citing at location

 

Previously discussed.

 

5)         Fire Safety Code (cont from 08/10/2004)

a)         Town Administrator report re: cost to bring Town buildings up to code

 

The Town Administrator presented estimates for the costs associated with bringing the Town buildings up to code as required by the Fire Marshall. 

 

            Planning – 22 West Street                                 $  8,320.00

            Town Office – 44 Southwest Avenue                $10,240.00

            Highway Facility – Fort Wetherill                      $14,190.00

                                                Total                            $32,750.00

 

The Town Administrator suggested that the Council consider using $32,750.00 on an emergency basis from the funds set aside for repairs to the Community Center and replace those funds at the next budget session. 

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to authorize the Town Administrator to spend $32,750.00 to bring the Town buildings up to fire code as outlined by the Town Administrator. In addition, the Town Administrator will bid out the work and return to the Council for their approval.  So unanimously voted.

 

6)         Modification to the wood pile pier (verbal report per Councilor DiGiando)

 

Councilor DiGiando reported that the Facilities Subcommittee of the Harbor Management Commission would be reviewing alternatives for the wood pile pier at East Ferry at their next meeting.

 

It was the consensus of the Council to continue the modification of the wood pile pier to the September 27, 2004 Council meting. 

 

NEW BUSINESS

 

Council President Litttman requested that the Council discuss item #6.

 

GZA GeoEnvironmental, Inc.

 

The Public Works Director reported that the Revised Environmental Monitoring Plan, as approved by RIDEM, is for quarterly monitoring for two years, after the site work the monitoring will be semi-annual after the site work out to the thirty year mark then, if the Council warrants it necessary, yearly monitoring could be done.

 

Daniel O’Neill, Summit Street, requested that the Council require the full thirty year monitoring schedule.  Mr. O’Neill stated that it was his belief that past monitoring results had incomplete and insufficient data.

 

Raymond Iannetta, North Main Road inquired when well GZ7 would be installed and where the testing results are available.

 

Mr. Goslee informed the Council that GZ7 would be installed next week.

 

Norma Willis, North Main Road, requested that the Council arrange for a work session with GZA to go over the revised plan.

 

It was the consensus of the Council that Edward Summerly attend the Council meeting on  September 13 or September 27, 2004.

 

1)         Letter from Police Officer Clarke Westall requesting acceptance of request for retirement

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the letter of resignation for the purpose of retirement from Clarke Westall.  So unanimously voted.  The Town Clerk was asked to forward a letter in appreciation of Officer Westall’s many years of service.

 

2)         Beavertail Lighthouse Museum Association

a)         Notice of Intention re: acquisition of the Beavertail Lighthouse (future)

 

Linda Warner, President of the Beavertail Lighthouse Museum Association, informed the Council that the US Coast Guard is in the process of declaring all lighthouses as surplus property.  In anticipation of this, the Association would like to prepare for the possible acquisition of the Beavertail Lighthouse.  Ms. Warner presented a document entitled “Notice of Intention Beavertail Lighthouse Museum Association.”    Ms. Warner stated that the Beavertail Lighthouse Museum would like to work with the State and a local representative to coordinate a joint relationship to ensure that they have an opportunity to be considered for the transfer of ownership of the Beavertail Lighthouse.

 

Councilor DiGiando asked how this would affect the lease for the Lighthouse Keeper’s house.  Mr. Karantz, Chairman of the Beavertail Lighthouse Museum Association, noted that plans for the lighthouse would be coordinated with the Town, State and Association, at which time the lease could be discussed.  Presently, there is no way of knowing when and if the Beavertail Lighthouse will be selected as surplus property; however, the Association wants to be ready in case it is. 

 

It was the consensus of the Council to instruct the Town Administrator to select a liaison to work with the Beavertail Lighthouse Museum Association on their efforts to acquire the Beavertail Lighthouse.

 

3)         Harbor Management Plan & Harbor Management Ordinance – review and comments from Harbor Management Commission (per Councilor DiGiando)

 

Councilor DiGiando stated that the Harbor Management Commission has noted several inconsistencies in the Comprehensive Harbor Management Plan and the Harbor Management Ordinance such as inconsistent language, lack of a map, inaccurate coordinates and boundaries. 

 

It was the consensus of the Council to request the Town Solicitor, Larry Parks to address these issues at the September 13, 2004 Council meeting.

 

 

4)         Board of Water and Sewer (per Town Administrator)

a)         Change in meeting date for September from 09/20/2004 to 09/23/2004 at the Jamestown Philomenian Library at 7:00 p.m.

 

The Town Administrator informed the Council that the Public Works Director will be attending a seminar on Monday, September 20, 2003 and requested that the Board of Sewer and Water Commissioners meet on Thursday, September 23, 2004 instead. 

 

It was moved by Councilor Long, seconded by Councilor DiGiando to change the date of the Board of Water and Sewer Commission from Monday, September 20, 2004 to Thursday, September 23, 2004 at the Jamestown Philomenian Library at 7:00 PM.  So unanimously voted.

 

5)         Award bid for road oiling to Dosch King Co. in an amount not to exceed $1.49/gallon for CRS-2L and $185.00 per hour for the Computerized Chip Spreader

 

The Public Works Director reported that there was an error in the bid for the Computerized Chip Spreader from All States Asphalt, Inc.  The $1.75 per hour should have been $175.00 per hour.  Mr. Goslee recommended the bid award to Dosch King Co., Inc.

 

It was moved by Councilor Long, seconded by Councilor Ferguson to award the bid for road oiling to Dosch King Co., Inc for an amount not to exceed $1.49 per gallon for CRS-2L and $185.00 per hour for the Computerized Chip Spreader.  So unanimously voted.

 

6)         GZA GeoEnvironmental re: Revised Environmental Monitoring Plan

 

Previously discussed.

 

Councilor DiGiando requested that the Council have a discussion regarding a Wildlife Management Committee at the next Town Council meeting.

 

EXECUTIVE SESSION ANNOUNCEMENT (cont.)

 

It was moved by Councilor Long, seconded by Councilor Ferguson to enter into executive session at 9:50 PM pursuant to RIGL 42-46-5 (a) (5) real estate and RIGL 42-46-5 (a) (2) contract negotiations.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with all in favor.

 

The Council returned from executive session at 10:30 PM.  It was moved by Council President Littman, seconded by Councilor Long to seal the minutes of the executive session.  It was voted Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Long, aye; Council President Littman, aye.  The motion passed with all in favor.

 

It was moved by Councilor DiGiando, seconded by Councilor Ferguson to authorize the Town Administrator to seek professional services in the review and development of the leasing of the particular town-owned property as discussed in executive session  So unanimously voted.

 

It was moved by Council President Littman, seconded by Councilor Long to authorize the Town Planner to submit two grant applications for the Rhode Island Natural Heritage Preservation Commission Open Space Conservation and Acquisition Grants 2004 for consideration of matching funds for the acquisition of open space relating to two vacant parcels in the Town of Jamestown.  So unanimously voted.

 

ADJOURNMENT

 

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Ferguson to adjourn the meeting at 10:30 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

c:          Town Council Members (5)

            Town Administrator

            Town Solicitor

            Administrative Circulation