TOWN COUNCIL MEETING

September 13, 2004

 

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 6:40 PM by Council President Kenneth G. Littman.  The following members were present:

Julio J. DiGiando

Claire W. Ferguson

Guy J. Settipane

absent:  David J. Long

 

also present:

Thomas P. Tighe, Interim Town Administrator

Richard M. Bianculli, Jr., Assistant Town Solicitor

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 7:04 PM.  It was moved by Councilor Settipane, seconded by Councilor DiGiando to seal the executive session minutes from the public.  It was voted, Councilor DiGiando, aye; Councilor Ferguson, aye; Councilor Settipane, aye; Council President Littman, aye.  The motion passed with four in favor.

 

            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 08/23/2004)

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 August 21, 2004 letter.  Included in the monitoring program are the following:

 

       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 Jamestown has been conducting quarterly groundwater monitoring at the former landfill for approximately sixteen years, which results in fourteen years remaining on the monitoring program to meet RCRA requirements.  Mr. Summerly recommended that the quarterly program be evaluated eight quarters after site closure construction to determine if the sampling frequency can be reduced to semi-annual monitoring to the year 2015.  After 2015 annual monitoring would be conducted.  Additionally, Mr. Summerly stated that arrangements have been made to include the test results from the new well as soon as the installation is complete. 

 

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 September 23, 2004 for review and authorization of the amended plan.

 

 

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)         August 23, 2004 Regular Meeting

b)         August 30, 2004 Special Meeting

2)         Bills and Payroll

3)         Minutes from Boards, Commissions and Committees:

a)         Zoning Board of Review (07/27/2004)

b)         Town Administrator Search Committee (08/24/2004, 08/11/2004, 08/31/2004)

c)         Tax Assessment Board of Review (08/10/2004)

d)         Water Resources Protection Committee (04/21/2004)

e)         Jamestown Housing Authority (08/11/2004)

4)         CRMC Notices:

a)         September 2004 Calendar

5)         Proclamations & Resolutions from other Rhode Island cities and towns

a)        

b)         Town of Richmond re: approval to oppose the construction of a LNG terminal in Fall River, MA

c)         Town of Bristol re:  opposition to the LNG site at Brayton Point Power Plant

d)         City of Cranston re: resolution supporting the Arthritis Preservation, Control and Cure Act of 2004

6)         The Kay Coalition Against Casino Gambling

7)        

8)         Abatements/Addenda of Taxes

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

5)         Proclamations & Resolutions from other Rhode Island cities and towns

a)         City of Newport re: support of a 70M Open Space & Recreation Bond Referendum for the 11/02/2004 ballot

 

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 Rhode Island communities in the preservation, acquisition and protection of our natural resources and landscape. 

 

It was moved by Councilor Settipane, seconded by Councilor Ferguson to put a similar resolution on the September 27, 2004 Council agenda for adoption.  So unanimously voted.

 

It was moved by Council President Littman, seconded by Councilor DiGiando to accept the communication from the City of Newport.  So unanimously voted.

 

7)         Mount Hope Engineering, Inc. re: ISDS Application for Rosario Sciuto, Beacon Avenue, Jamestown

 

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 Mount Hope engineering, Inc.  So unanimously voted.

 

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

Jamestown has received a Homeland Security Grant.  This grant will be used for training, equipment and communications for the Police Department, Fire Department, Ambulance Association and the Emergency Management Director.

 

Community Development Block Grant (CDBG)

Jamestown has received a letter from Governor Carcieri informing the Town that we will be receiving $94,000.00 in grant funding.

 

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 September 28, 2004 at the DEM headquarters at 10:00 AM.

 

State Management Areas for Helicopter Training Sites

The following areas are being considered:

       Arcadia WMA, Exeter – Pratt Farm

       Black Farm WMA, Hopkinton – Field near entrance

       Carolina WMA, Richmond – Fields South of Kenyon Hill Trail

       Durfee Hill WMA, Glocester – Fields below check station

       Dutch Island WMA, Jamestown – West side of island

       Nicholas Farm WMA, Coventry – Place Farm fields / gravel bank

 

There is a meeting scheduled on September 28, 2004 at 10:30 at RIDEM Headquarters 235 Promenade Street.

 

a)         Demolition of Jamestown Bridge with Town Engineer and Police Department comments for review of Town Council

 

The Council expressed their concerns regarding the times for closure to traffic and emergency vehicles on the Jamestown Verrazano Bridge. 

 

Public Works Director Steven Goslee commented that the State is planning to open the on-ramp to the old Jamestown so that truck traffic coming from North Kingstown could have access to the old bridge, which would also interfere with traffic flow.

 

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 September 27, 2004 Council meeting. 

 

2)         Department Director Reports

 

Budget vs. Actual

 

Councilor Settipane requested clarification regarding payments made to Account #70310103 noting that as of August 31, 2004, 90% of payments to that account have already been made.  Additionally, Councilor Settipane asked for clarification on why there have been no payments to Account #70900504 and 70900505. 

 

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)         Conanicut Island Land Trust

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 09/13/2004)

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, Seaside Drive, commented that the duel review process should remain in the ordinance and requested that the Council not amend the ordinance.

 

Debra D’Agostino, Steamboat Avenue, informed the Council that she was opposed to the changes in Section 308 and requested clarification on where the setbacks are being measured from. 

 

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, Seaside Drive, requested that the Council keep the dual review process. 

 

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 September 27, 2004 at 7:00 PM.

 

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 Dutch Island

 

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 Ferguson spoke in favor of forwarding a communication in opposition to the proposed helicopter landing zone on Dutch Island.

 

The Council discussed their concerns relating to the possibility of a helicopter landing zone on Dutch Island.  Some of the concerns related to the safety of recreational boaters in the vicinity of Dutch Island, the noise and environmental impact on the surrounding area, as well as the safety of anyone that might still be using the island for recreation.  The Council discussed the possibility of using Gould Island as a more suitable location.

 

The Council discussed the need for Dutch Island to be returned to the Bay Island System.  Dutch Island is located near both Jamestown and North Kingstown and should not be considered for helicopter landing training because of concerns relating to the safety of boaters and recreational users, noise levels and environmental issues on Dutch Island and the surrounding areas. 

 

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 Cole Street and High Street be cut back as it is a hazard to approaching traffic.

 

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 Saturday, October 16, 2004 from 8:00 PM to 10:30 PM, subject to appropriate signatures.  So unanimously voted.

 

2)         Letter from Evan Smith, Conanicut Island Land Trust re: Hey Day 2004 (September 26 or rain date of October 10, 2004)

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 Narragansett Avenue

 

It was moved by Councilor Settipane, seconded by Councilor DiGiando to approve the request to place a banner across Narragansett Avenue, subject to the approval of the Town Administrator.  So unanimously voted.

 

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 Jamestown, is scheduled to be considered for elimination. There will be a meeting in the afternoon on September 27 to address this issue and Representative Long suggested that the Council forward a letter stating the importance of this Route and their opposition to cuts in any public transportation routes. 

 

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 08/23/2004)

 

Previously discussed.

 

2)         Design, Construction and Maintenance Agreement re: replacement of temporary water hose (cont. from 08/23/2004)

 

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 11:26 PM.  So unanimously voted.

 

Attest:

 

 

 

Arlene D. Petit

Town Clerk

 

c:          Town Council Members (5)

                        Town Administrator

                        Town Solicitor

            Administrative Circulation