TOWN COUNCIL MEETING
A regular meeting of the Jamestown Town Council was called
to order at the Jamestown Philomenian Library,
Julio J. DiGiando
Claire W. Ferguson
Guy J. Settipane
absent: David J. Long
also present:
Thomas P. Tighe,
Richard M. Bianculli, Jr.,
Arlene D. Petit, Town Clerk
Lisa Bryer, Town Planner
Steven J. Goslee, Public Works Director
Council President Littman announced that pursuant to RIGL 42-46-5 (a) (2) collective bargaining/litigation, the Council would enter into executive session to discuss a grievance with the Town Solicitor.
EXECUTIVE SESSION (First Session)
1) Pursuant to RIGL 42-46-5 (a) (2) Collective Bargaining/Litigation
a) Grievance
It was moved by Councilor Settipane, seconded by Councilor Ferguson to enter into executive session at 6:43 PM, pursuant to RIGL 42-46-5 (a) (2) collective bargaining. It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Settipane, aye; Council President Littman, aye. The motion passed with four in favor.
The Council returned from executive session at
AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
Council President Littman expressed condolences on behalf of the Council to Chief Thomas Tighe and his family on the loss of Mrs. Tighe’s mother, Mary Keenan.
1) Resolution of Acknowledgment for Clarke Westall for his 32 years of service to the Jamestown Police Department
It was moved by Councilor Settipane, seconded by Councilor DiGiando to adopt Resolution 04-031P honoring Clarke N. Westall for his thirty-two years of service to the Jamestown Police Department. So unanimously voted.
2) Presentation
of Ed Sommerly, GZA Geoenvironmental (cont. from
a) Environmental Monitoring Plan for the landfill
Representing GZA GeoEnvironmental:
Edward A. Summerly, P.G., Senior Project Manager
Mr. Summerly reviewed the long term monitoring plan for the
former landfill as outlined in his
Field sampling schedule
Well decommissioning
Groundwater sampling procedures
Laboratory analysis
Field program
Quality assurance plan
Data evaluation
Reporting and assessment of data
Mr. Summerly noted that
Mr. Summerly addressed the concerns of several residents.
In answer to Council questions and concerns, Mr. Summerly reported that it would be possible to be more flexible as to the annual seasonal testing and would evaluate the data from the hydrographs and develop an appropriate annual sampling schedule.
It was the consensus of the Council to continue the
Environmental Monitoring Plan for the landfill to the Board of Water and Sewer
Commissioners meeting on
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 item 5(a) and 7 be removed from the Consent Agenda. It was moved by Councilor DiGiando, seconded by Councilor Settipane to approve the Consent Agenda as amended. So unanimously voted.
1) Adoption of Council minutes:
a)
b)
2) Bills and Payroll
3) Minutes from Boards, Commissions and Committees:
a) Zoning Board
of Review (
b) Town
Administrator Search Committee (
c) Tax
Assessment Board of Review (
d) Water
Resources Protection Committee (
e)
4) CRMC Notices:
a) September 2004 Calendar
5) Proclamations
& Resolutions from other
a)
b) Town of
c) Town of
d) City of
6) The Kay Coalition Against Casino Gambling
7)
8) Abatements/Addenda of Taxes
*************************************************
5) Proclamations
& Resolutions from other
a) City of
The Council recognized the importance of supporting the $70
million Open Space and Recreation Bond referendum and the benefit such a bond
would be to
It was moved by Councilor Settipane, seconded by Councilor
Ferguson to put a similar resolution on the
It was moved by Council President Littman, seconded by
Councilor DiGiando to accept the communication from the City of
7) Mount Hope
Engineering, Inc. re: ISDS Application for Rosario Sciuto,
The Council discussed their concern regarding the request for variance on a lot that has a groundwater table of less than 2 feet and a proposed well located less than 100 feet from an existing ISDS. By consensus, the Town Council requested that the Town Administrator follow past procedure and address their concerns in a letter to RIDEM.
It was moved by Councilor Settipane, seconded by Councilor
Ferguson to accept the communication from
EXECUTIVE SESSION ANNOUNCEMENT (Second Session)
Council President Littman announced that pursuant to RIGL 42-46-5 (a) (2) collective bargaining and litigation the Council would be meeting in executive session at the end of the meeting to discuss pending contract negotiations and pending litigation; and, pursuant to RIGL 42-46-5 (a) (5) real estate to discuss the possibility of land acquisition.
1) Pursuant to RIGL 42-46-5 (a) (2) Collective Bargaining and Litigation
a) Pending contract negotiations
b) Pending litigation
2) Pursuant to RIGL 42-46-5 (a) (5) Real Estate (land acquisition)
COUNCIL, ADMINISTRATOR, SOLICITOR, COMMISSION/COMMITTEE COMMENTS & REPORTS
1) Town Administrator report (verbal)
The Town Administrator reported the following items:
Homeland Security Grant
Community Development Block Grant (CDBG)
Public Works
Requests for Proposals (bids) will be sent out for work on the fire alarms as well as tree trimming work.
Rhode Island Resource Recovery Corporation
The Town has received $3,000.00 for their participation in the recycle program.
LNG Facilities
RIDEM will be holding a meeting on
State Management Areas for Helicopter Training Sites
The following areas are being considered:
Black Farm WMA, Hopkinton – Field near entrance
Durfee Hill WMA, Glocester – Fields below check station
Dutch Island WMA,
Nicholas Farm WMA,
There is a meeting scheduled on
a) Demolition
of
The Council expressed their concerns regarding the times for
closure to traffic and emergency vehicles on the
Public Works Director Steven Goslee commented that the State
is planning to open the on-ramp to the old
It was the consensus of the Council that Mr. Goslee request
clarification from RIDOT on the reasoning for the blasting schedule and to
place a response on the agenda for the
2) Department Director Reports
Budget vs. Actual
Councilor Settipane requested clarification regarding
payments made to Account #70310103 noting that as of
It was moved by President Littman, seconded by Councilor DiGiando to accept the reports from the Department Directors. So unanimously voted.
3) Memorandum from Town Clerk re: Committee comments re: Real Estate Transfer Tax
a)
i) Letter from President re: Jamestown Land Bank & Affordable Housing Plan Act
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the communication from the Conanicut Island Land Trust. So unanimously voted.
b) Water Resources Protection Committee
i) Letter Chair Pro-Tem re: Real Estate Transfer fee
It was moved by Council President Littman, seconded by Councilor DiGiando to accept the communication from the Water Resources Protection Committee. So unanimously voted.
It was the consensus of the Council to have the Town Clerk compile the reports regarding the Real Estate Transfer Tax and present them to the Council when all have been submitted.
4) Jamestown Police Department
a) Letter from the Police Chief re: noise ordinance
It was the consensus of the Council that the Town Administrator would contact Caroline McManus regarding the status of the draft proposed Noise Ordinance and report back to the Council.
It was moved by Councilor DiGiando, seconded by Councilor Settipane to accept the letter from the Police Chief. So unanimously voted.
5) Town Administrator Search Committee (per Fred Pease, Chair)
a) Budget/expenditures
b) Progress report (verbal)
Fred Pease, Town Administrator Search Committee Chair, updated the Council on the progress of the Search Committee. The committee will be submitting five applicants for review by the Council.
Mr. Pease requested that the Council meet in executive session to discuss questions from the Search Committee.
It was the consensus of the Council that the Town Solicitor be contacted to make sure that the questions are appropriate for executive session.
PUBLIC HEARING
1) Proposed
amendment to the Jamestown Zoning Ordinance related to : High Ground Water
Table and Impervious Layer Overlay District (cont. from
a) Town Solicitor opinion
The continuation of the public hearing for the proposed amendment to the Jamestown Zoning Ordinance relating to the High Ground Water Table and Impervious Layer Overlay District was opened by Council President Littman.
Council President Littman invited public comment.
Charlotte Zarlango,
Debra D’Agostino,
The Town Planner noted that the intent of this ordinance has always been that the 150’ start at the actual edge of the wetlands. The change in the wording is to clarify that the measurement is from the perimeter wetland and riverbank wetland and not including the buffer.
In answer to concerns regarding the proposed need for one permitting authority, the Town Planner noted that because both the Zoning Board of Review and the Planning Commission are using the same set of standards for their review, and in order to streamline the process, it is recommended that the Planning Commission be the permitting authority, thereby eliminating the duplication in review process in all but administrative Sub-district reviews. Ms. Bryer noted that it takes approximately eight to ten hours to review one application.
Councilor Settipane asked what protection do we have if we eliminate item #3 (the installation of any new individual sewage disposal system (ISDS) excluding replacements or repairs of preexisting ISDS or cesspools.) and RIDEM allows an ISDS 50’ from a well.
The Town Planner stated that in Section 82-314 B. 3. where the separation between the leach field and a potable well is less than 100 feet, there must be microbiological treatment of the effluent.
Councilor Settipane expressed his concern relating to a situation whereby a property owner might be required to add on to a bathroom in order to make it handicapped accessible and the hardship that the requirement of a development plan review before the planning commission would cause.
Councilor Settipane indicated that he is opposed to striking the language in Section A. Prohibited uses. 1. Sub-District A. 3.
Phillip Zarlango,
Representative Bruce Long stated that he agrees with the residents and would suggest maintaining the most rigorous procedures possible in Sub-district A.
Debra D’Agostino suggested that she would work with the Town Planner to ensure that any loopholes are corrected.
It was the consensus of the Council that the public comment
portion of the hearing be closed and the hearing be continued to
ORDINANCES AND RESOLUTIONS
None
COMMMUNICATIONS AND PETITIONS
1) Letter from Joanne Sullivan re: ISDS variance application # 0315-0037
It was moved by Councilor Settipane, seconded by Councilor DiGiando to accept the letter from Joanne Sullivan. So unanimously voted.
2) Letter from Amy Vigars re: ISDS application # 0315-0037
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the letter from Amy Vigars. So unanimously voted.
3) Email from E. Mary McDonagh re: 02835 request for Town Council
The Town Solicitor informed the Council that the Town has requested a thirty-day extension for answering Ms. McDonagh’s request.
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the letter from E. Mary McDonagh. So unanimously voted.
4) Copy of
Email from Richard D. Condon to Project Manager re: helicopter training at
It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the email from Richard Condon. So unanimously voted.
It was requested that the following item be moved up on the agenda:
Unfinished Business
1) Rhode Island National Guard re: Proposed landing zones
Councilor
The Council discussed their concerns relating to the
possibility of a helicopter landing zone on
The Council discussed the need for
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to forward a letter to RIDEM stating that the Town Council of the Town of Jamestown is opposed to the use of Dutch Island as a helicopter landing zone for the training of the Rhode Island National Guard because of its location and concerns relating to the safety of boaters in the waters around Dutch Island, the increased noise levels, environmental impact on the island and there being more suitable places on Narragansett Bay such as Gould Island, and it is the Council’s recommendation that Dutch Island be limited to camping and recreational uses and that the necessary repairs be made to return it to the Bay Island System. So unanimously voted.
5) Letter from the Office of Governor Carcieri re: CDBG award
It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the letter from Governor Carcieri. So unanimously voted.
6) Petition from six (6) residents re: controlled deer hunt
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to accept the petitions regarding a controlled deer hunt. So unanimously voted.
7) Letter from Ellen Brownell re: Cole & High Streets
It was moved by Council President Littman, seconded by Councilor Ferguson to accept the letter from Ellen Brownell. So unanimously voted.
Mrs. Brownell addressed the Council requesting that the
ornamental grass growing at the corner of
It was the consensus of the Council that the Town Administrator work with the Public Works Director to review the situation and determine if the ornamental grass is on Town property and take the necessary steps.
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.
1) Event application for the Jamestown Education Foundation to hold Ocean State Follies at the Community Center on Saturday, October 16, 2004 from 8:00 – 10:30 p.m.
It was moved by Councilor Settipane, seconded by Councilor
DiGiando to approve the event application for the Jamestown Education
Foundation to hold Ocean State Follies at the Community Center on
2) Letter from
Evan Smith, Conanicut Island Land Trust re: Hey Day 2004 (September 26 or rain
date of
a) requesting Police Assistance
It was moved by Councilor Settipane, seconded by Councilor DiGiando to approve of police assistance for the Hey Day 2004, subject to the final review by the Chief of Police. So unanimously voted.
b) requesting a
banner to be placed across
It was moved by Councilor Settipane, seconded by Councilor
DiGiando to approve the request to place a banner across
OPEN FORUM
1) Scheduled request to address
a) Representative Bruce Long re: Legislative update
Representative Long informed the Council that RIPTA would be
cutting one-third of their route. Route
64, which covers
Representative Long requested that the Council continue to oppose the proposed LNG facilities.
It was the consensus of the Council to put RIPTA and the possibility of cutting public transportation routes in Rhode Island on the Agenda for the September 23, 2004 Board of Water and Sewer Commission meeting.
2) Non-scheduled request to address
APPOINTMENTS AND RESIGNATIONS
1) Harbor Management Commission
a) Letter from Richard D. Condon re: resignation
It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the resignation of Richard D. Condon from the Harbor Management Commission with regrets. So unanimously voted.
UNFINISHED BUSINESS
1) Rhode Island
National Guard re: Proposed landing zones (cont. from
Previously discussed.
2) Design, Construction
and Maintenance Agreement re: replacement of temporary water hose (cont. from
The Town Solicitor informed the Council that the draft agreement has been submitted to RIDOT and it is expected that comment will be made by the Department of Health on Wednesday.
It was the consensus of the Council that the Design, Construction and Maintenance Agreement be placed on the September 23, 2004 Board of Water and Sewer Commission meeting for an update on the status and review of the agreement.
3) Harbor Management Plan & Harbor Management Ordinance
a) Town Solicitor comments re: possible inconsistencies and/or omissions
It was moved by Councilor Settipane, seconded by Councilor Ferguson to accept the communication from the Town Solicitor dated August 24, 2004. So unanimously voted.
Councilor DiGiando noted that a representative from CRMC will be meeting with the Town Solicitor, Town Administrator and the Harbor Management Commission Chair to give a preliminary review.
It was the consensus of the Council to put this on the agenda following receipt of comments from the preliminary review meeting.
4) Wastewater Management Program (cont. from 08/23/2004)
a) RIDEM Non-point Source Pollution Grant: for review and signature
It was moved by Councilor Settipane, seconded by Councilor Ferguson to approve the RIDEM Non-Point Source Pollution Grant and to direct the Town Administrator to sign the grant on behalf of the Town. So unanimously voted.
NEW BUSINESS
1) Request for support and the facilitating of contacts with legislative officials to seek funding for a “Comprehensive investigation of ground-water on Conanicut Island for water supply for Jamestown, Rhode Island” as presented to the Board of Water and Sewer Commissioners on March 15, 2004, from Dr. Patrick J. Barosh, Dr. Reinhard K. Frohlich and Dr. Daniel W. Urish
a) Summary and project description
It was requested that the Town Administrator communicate with Mr. Barosh, Mr. Frohlich and Mr. Urish to determine what funds are being requested.
2) Wildlife Management Committee proposal (per Councilor
DiGiando)
No action taken at this time.
3) US Coast Guard re: memorandum of understanding for the purpose of developing a state-wide Emergency Response Plan at the Keyspan facilities (LNG)
It was the consensus of the Council that the memorandum of understanding for the purpose of developing a state-wide Emergency Response Plan at the Keyspan facilities be continued to the September 27, 2004 Council meeting.
4) Parmalee, Poirier & Associates (Town Auditor)
a) Schedule work session for September 27, 2004 at 6:30 PM (per President Littman)
It was the consensus of the Council to hold a work session with Parmalee, Poirier & Associates on September 27, 2004 at 6:30 PM.
EXECUTIVE SESSION
It was moved by Council President Littman, seconded by Councilor Settipane to enter into executive session at 10:55 PM pursuant to RIGL 42-46-5 (a) (2) collective bargaining and litigation to discuss pending contract negotiations and pending litigation and pursuant to RIGL 42-46-5 (a) (5) real estate to discuss potential land acquisition. It was voted Councilor Ferguson, aye; Councilor DiGiando, aye; Councilor Settipane, aye; Council President Littman, aye. The motion passed.
Upon the Council’s return to the regular session at 11:25 PM, it was moved by Councilor Settipane, seconded by Councilor Ferguson to seal the minutes of the executive session to the public. It was voted Councilor Ferguson, aye; Councilor DiGiando, aye; Councilor Settipane, aye; Council President Littman, aye. The motion passed.
It was moved by Councilor Settipane, seconded by Councilor Ferguson to authorize the Town Planner, Town Administrator and the Town Solicitor to develop a counter offer to the proposal as discussed in the executive session. So unanimously voted.
It was moved by Councilor Settipane, seconded by Councilor Ferguson to authorize the Town Administrator to develop a plan to address concerns and issues relating to public safety matters as discussed in executive session. The plan to include alternative avenues to improve public safety as well as the possible use of a consultant to address these safety issues. The plan is due to the Council within thirty days. So unanimously voted.
It was moved by Councilor DiGiando, seconded by Councilor Ferguson to instruct the Town Administrator to contact the Chair of the Harbor Management Commission to address the Council’s concerns as related in executive session regarding infrastructure improvements. So unanimously voted.
There being no further business before the Council, it was
moved by Councilor Littman, seconded by Councilor Ferguson to adjourn the
meeting at
Attest:
Arlene D. Petit
Town Clerk
c: Town Council Members (5)
Town Administrator
Town Solicitor
Administrative Circulation