TOWN COUNCIL MEETING

Monday, March 12, 2001

(as amended March 26, 2001)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road at 7:03 PM by Council
President Long.  The following members were present:

Craig Amerigian
Kenneth G. Littman
Bruce W. McIntyre
David Swain

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Patricia L. Salley, Town Clerk Pro Tem
James Murphy, Town Solicitor
Steve Goslee, Director of Public Works
Thomas Tighe, Chief of Police
Richard Allphin, Zoning Board Member
Arthur Christman, Fire Chief

AWARDS, RESOLUTIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION:  

None

              CONSENT AGENDA:

It was requested by Councilor Littman that item #1a and Councilor
Amerigian that item  #1b be removed from the consent agenda.  

Motion by Council President Long, seconded by Councilor McIntyre to accept
items 2-6 of the consent agenda.
      So unanimously voted.  The consent agenda consisted of:

2)       Bills and Payroll

3)       Copies of Minutes of Boards & Committee Meetings:

i. Planning Commission (2/7/2001)

ii. Affordable Housing Committee (1/10/2001)

iii. Zoning Board of Review (1/23/2001)

iv. Board of Canvassers (2/14/2001)

v. Jamestown Library Minutes (1/16/2001)

4)        RIDEM 

a) Insignificant Alteration Permit to Geoffrey Turner re: property located
on Walcott Avenue AP 9, Lot 531

5)        CRMC Notice

a)   Ronald & Mary Long re: a recreational boating facility located at AP
2, Lot 87, 850 East Shore Road 

6)       Abatements/Addenda of Taxes 

1) Adoption of Council minutes:

a) 02/26/01 Regular Meeting

b) 03/05/01 Financial Town Meeting

 Councilor Littman noted that Item 1.a, page 7 of the 2/26/01 Council
minutes, paragraph #2, needed to corrected to say: "Jamestown Harbor
Management Committee and that Richard Condon was an Environmental Member
Applicant of that Committee." He also stated that the vote for the motion
should reflect "Councilor Long - aye and Councilor Littman -Nay".
      Motion made by Councilor Littman and seconded by Councilor Swain to
accept the minutes as amended and make the necessary changes to the
February 26, 2001 minutes.  So unanimously voted.

Councilor Amerigian noted that Item 1.b, page 4 of the minutes from the
March 5, 2001 Financial Town Meeting first paragraph be corrected to
reflect that Councilor Amerigian made the motion and Council Littman
seconded that motion.
      So noted.  Motion by Councilor Amerigian and seconded by Councilor
Littman to accept the Financial Town Meeting minutes as amended.  So
unanimously voted. 

  EXECUTIVE SESSION ANNOUNCEMENT

Motion made by Councilor Long, seconded by Councilor Swain to adjourn to
Closed Session, Closed Pursuant to RIGL 42-46-5(a)(2) (collective
bargaining); to discuss status of contract negotiations with I.B.P.O.
Local 305.
      Roll call vote as follows:  Councilor Long, aye, Councilor Littman,
aye, Councilor Amerigian, aye, Councilor McIntyre, aye, and Councilor
Swain, aye.  So unanimously voted.  Motion carried.

  PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled request to address 

None

2) Non-scheduled request to address

Arthur Christman, Fire Chief stated that the new ladder fire truck has
arrived, that three days training had been provided and that the truck was
accepted.  He invited everyone to come and see the truck and thanked the
residents of Jamestown for the purchase.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report (see attached report)

-------------------------------------------------------

    Town Administrator Report

    March 12, 2001
    
    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.
    
    Public Works
    
    Once again, the Town was hit with another winter storm.
     Fortunately we did not received the amount of snow originally
forecasted. However, this storm like the recent ones, lasted over a
twenty-four hour period.
     The significant number of storms this season has taken its toll on
the Town's roads.
     As soon as the snow stops and the temperatures warm up some, the
Public Works Department will begin making the necessary repairs.
    
    Recreation
    
    Winter recreation programs will be wrapping up over the next couple of
weeks.
     Even though the ground is still covered with snow, reservations for
Fort Getty have started to come in.
     Matt will start advertising for summer employment later this month.
     As was the case last year, Terri Bisson of RIDEM has informed Matt
that some of the funding for the Youth Litter Corp is in jeopardy.
     If you remember, the Town was informed last year at this time the
program would not be fully funded. In the end, the Town and all other
communities did receive the funding.
     I vaguely remember the Council either sending a letter to our local
representatives or drafting a resolution requesting that the funding be 
restored.
    
    The annual Boy Scout Mini-Golf was held on March 2, 2001 at the
Community Center.
    
    Police
    
    Police Dispatcher Henry Suzzi has requested a six-month unpaid leave
of absence for medical reasons.
     Dispatcher Suzzi is a member of the NAGE Union, and their contract
allows for employees to request up to a one-year unpaid leave of absence.
     I intend to grant Dispatcher Suzzi his request.
    
    Chief Tighe and officers met with the Jamestown Shores Association to
speak about the neighborhood crime watch program.
    
    During the month of April, the Police Department will hold another
Citizens Police Academy.
    
    Planning
    
    The second hearing for the Community Development Block Grant was held
on March 1st.  Lisa is continuing with the grant application process.

    Finance
    
    Tina Collins had a planning meeting with auditors James N. Nadeau &
Associates.
     Tina will spend the next month finalizing the Town financial
statements for the annual audit.
      The auditor plans to begin fieldwork in early May.
    
    Fire
    
    Chief Arthur J. Christman reports there were seventy fire, rescue, and
service call for the period of February 5, 2001 through March 3, 2001.
    
    Tax Collector Report
    
    Attached is the tax collectors report for the month of February
    
    Administration
    
    The annual Financial Town Meeting marks the end of the budgeting
process for the Town general budget.
     Currently I am working on the Water and Sewer budgets and will have
them to you for the March 19, 2001 Water and Sewer meeting.
     I will look for your approval of both these budgets at the April
Water and Sewer meeting.
    
    During the recent winter storms, especially the last one, Chief Tighe,
Emergency Management Director Craig Watson and I were in continual contact
with each other, the power company and state officials.
    
    If the Council would like to meet with Senator Piva-Weed and
Representative Murphy, now is the appropriate time since the general
assembly is in session.
     Also if there is any legislation you would like to submit, we should
submit it within the next month.
    
    I received a call from the recycling coordinator from the City of
Newport.
     April 28, 2001 is the date for the annual hazardous household waste
day to be held at Newport JAI ALAI.
     We should publicize this widely to get rid of a lot of potentially
dangerous materials around resident homes.
    
    The reservoir is at capacity and running over.
    
------------------------------

In addition to Town Administrator Maryanne Crawford's written report, she
stated that the pumping station at the end of the access road was running
over and that the problem was being addressed.  She also noted that Town
Clerk Arlene Kalooski has returned to work on a part time basis and
thanked Town Clerk Pro Tem Patricia Salley for her help during Arlene's
absence.

Councilor Long asked Rep.
     Murphy to keep the Town Administrator informed on the status of the
pumping station.
      Councilor Swain asked the Town Administrator if the annual hazardous
household waste recycling date would be advertised in the Jamestown Press.
      She stated that it would.
      He also asked what would be the cost to fund the Youth Litter Corp.
     if the State did not fund that program this year.
      She stated the cost would be approximately $4000.00.  He asked her
to provide the Council with an update on the status of this program on her
report for the next Council meeting.
      Councilor Swain also asked if the recommendations made in the last
audit report were being implemented.  She stated, "yes".

2) Affordable Housing Committee

a)  One vacancy exists, if favorable order advertising (term not
specified)

It was moved by Councilor Long seconded by Councilor Littman to advertise
for a vacancy to the Affordable Housing Committee.  So unanimously voted.

3)   Zoning Board of Review

a)       Abutter Notification re: Plat 16/Lot 61, Beacon Avenue   

The Town Administrator reviewed with the Council the variance to Article 2
Section 308 on Plat 16/Lot 61, Beacon Avenue noting that the variance was
for setback from freshwater wetlands.
       She noted that this was already approved by the Conservation
Commission and that this application would be addressed at the March 27,
2001 Zoning Board meeting.
      After general discussion about the setback line to wetlands and the
ISDS approval from the State, it was moved by Councilor Swain, seconded by
Councilor Long to accept the abutter notification as submitted by the
Zoning Board of Review.  So unanimously voted.

4)   Jamestown Water Resources Protection Committee

a) Letter from Ellicott Wright

b) Letter from Chris Powell

Councilor Amerigian recused himself from discussion on this issue, as he
is a member of the Conanicut Island Land Trust organization.  

Town Solicitor Murphy noted that paragraph number 4, 5, and 6 needed
clarification and reviewed each paragraph indicating his concerns with the
procedure for land protection.
      His primary concern was that this committee was being charged to
proceed with negotiations then make a presentation to the Council.
      Councilor McIntyre also felt uncomfortable with any committee being
involved in negotiations and stated that the town charter indicates only
the Council should negotiate contracts or agreements.
      It was moved by Councilor McIntyre and seconded by Councilor Littman
that the Town Solicitor and Town Administrator work together to draft new
language for the Jamestown Water Resource Protection Committee with
respect to paragraph 4, 5, and 6 and report back to the Council with a
recommendation.  So unanimously voted.

It was moved by Councilor Long seconded by Councilor Swain to accept
letters from Ellicott Wright and Chris Powell.  So unanimously voted.

5)   Wastewater Advisory Commission

a) Report from Brenda Dillmann re: Public Hearing Draft of the Onsite
Wastewater Management Ordinance

 In reviewing the draft prepared for pubic hearing on the Onsite
Wastewater Management Ordinance, Councilor Swain discussed changes to
Section 8.1, Councilor Amerigian asked about normal maintenance and
Councilor Littman Section talked about 

Section 8.7, standard of review and who has the authority to make certain
decisions and appeals.
      After general discussion, it was moved by Councilor Long and
seconded by Councilor Littman to amend the draft of the On-Site Wastewater
Management Ordinance and substitute the alternative standards of review
changes to 8.7 for the additional one included in their packets. So
unanimously voted.

It was moved by Councilor Swain seconded by Councilor Amerigian to insert
in Section 8.1, page 7, line 3, "after written notice to the owner and
after no response or appeal within a two week period on the part of the
property owner".  So unanimously voted. 

It was moved by Councilor Long and seconded by Councilor Amerigian that
after Mr. Parks implements the changes, we order a public hearing and
order advertising for that Public Hearing for March 28, 2001.
      So unanimously voted.

UNFINISHED BUSINESS

1) Letter from Amy Vigars of the Jamestown Memorial Post re: the Circus

It was moved by Councilor McIntyre and seconded by Councilor Long to
accept the letter from the Jamestown Memorial Post.  So unanimously voted.

Councilor Long asked Mr. Donald Richardson, a member of the Memorial Post,
how his meeting progressed with the Volpe's.
      He stated that he has reviewed her concerns and informed her that
the Memorial Post would mark off her property with tape.
      He stated that with this being done, they had no objections to the
circus.
        Town Administrator Crawford stated that she would be discussing
parking with the Post members noting that parking would be the same as it
was for the Tall Ships.  Mr. Richardson agreed.

It was moved by Councilor Long and seconded by Councilor McIntyre to grant
permission for a circus to take place.
      Discussion then began with Mr. Gary Lemery, 45 Bay View Drive North
stating that he was a member of the Jamestown Humane Society and that the
Council has received many letters of objection to the circus.
      He stated that the Humane Society felt that ill treatment of animals
is unacceptable and that they encourage activities that do not exploit
animals by using them in a circus.
      Council Members asked Mr. Lemery questions about license standards
for circuses and how the Humane Society felt about dog shows.
      It was then moved by Councilor Long and seconded by Councilor Swain
to grant permission for the circus to be held on Mr. Ceppi's property.  So
unanimously voted.  

a) Letters of opposition from:

i) Mrs. John Richardson

ii) Janet Larson

iii) Joan L. Dupee

iv) Hope S. Blakeley

v) Evelyn R. Knott

vi) Judy Gurley

vii) Nabanica L. Fligal

It was moved by Councilor Long seconded by Councilor Swain to accept
correspondence 1-7.  So unanimously voted.

b) Letter from the Humane Society of Jamestown

It was moved by Councilor Long seconded by Councilor Swain to accept
correspondence from the Humane Society of Jamestown Inc.  So unanimously
voted.

2) Town Solicitor update re: High Street Obstruction of Town Right-of-Way

Town Solicitor Murphy informed the Council that he had received a letter
and phone call from Mrs. Glassie's attorney Mr. Behan, in reference to the
use of this right-of-way.
      The Town Solicitor read a letter dated March 13 that he received
from Mr.Behan.  He also noted that CRCM is continuing their investigation
but no action has been taken and that this issued has not been resolved. 
It was moved by Councilor Littman seconded by Councilor Amerigian to
direct the Town Solicitor to write to CRMC inquiring about the status of
the investigation on High Street.  So unanimously voted.

It was moved by Councilor Long and seconded by Councilor Swain to accept
the correspondence.  So unanimously voted.

3) Bid Awards

a) Rehabilitation of the Sewer Treatment Plant 

i) Letter from Vollmer Associates

ii) Letter from Siegmund and Associates Inc.

It was moved by Councilor McIntyre seconded by Councilor Swain to award
the bid to Siegmund and Associates Inc.  Discussion generated by Councilor
Amerigian on the I/I portion of the bid.
      Town Solicitor Murphy explained to the Council that they have time
to fine tune the contract once awarded.  Town Administrator Crawford
stated that the I/I portion could would be sub-contracted.  Councilor
McIntyre thanked Vollmer Associates for their participation in the bid
process noting that they had made a great presentation.
       Mr. Siegmund of Siegmund and Associates, Inc. stated that if they
were successful in receiving the bid, they would work out the final scope
of service, especially the I/I.
      He noted that sub-contracting this portion would not be a problem.
      With the motion on the table to award the bid, it was unanimously
voted to grant the bid to Siegmund and Associates, Inc.

b) Jamestown Harbor Management Commission 

i) Letter from Chief Tighe re: bid award for West Ferry 

It was moved by Councilor Swain seconded by Councilor Littman to award the
West Ferry Project bid to Narragansett Dock Works for the low bid price of
$209,577.00.  So unanimously voted.

4) Discussion of:

a) Quonset/Davisville Container Port Resolution

i) Letter from Chair re: resolution

ii) Letter from Chair re: Committee

Dennis Webster stated that he had provided the Council with a copy of the
March 17, 1999 Jamestown Position on the proposed container port stating
that if they wished, the committee could prepare a new resolution for
their consideration.
      After general discussion about the level of noise, air pollution,
odors and water pollution, it was agreed that the committee would work to
clarify the language and return to the next council meeting with a
recommendation.

It was moved by Councilor McIntyre and seconded by Councilor Swain to
accept both correspondences from Dennis Webster.  So unanimously voted.

5) GZA

a) Site Investigation Progress Report

b) Letter from GZA

Mr. Joseph Unsworth, Engineer from GZA reviewed testing and site
investigation reports explaining the sludge area test pits, monitoring of
wells, groundwater sampling analysis and groundwater elevations and flow
direction.
      He noted that this was the first quarter sampling and that the
second quarter will be monitored in March 2001.
      Mr. Raymond Iannetta questioned on whether or not the findings were
normal and within the range for the State.
      Councilor Amerigian questioned the published report.
      Councilor Swain felt that backup data was needed.  Mr. Unsworth
responded to all questions.
      Mr. Iannetta questioned the EPA series 800 vs. 500 series.  Norma
Willis, North Road asked if the report would be available for public
review.
      Dan Capuano asked if the wells were capped.  Mr. Unsworth stated,
"yes". 

COMMUNICATIONS

1) Letter from Cynthia Levesque re: Pit Bulls

It was moved by Councilor Long seconded by Councilor Swain to accept
correspondence from Cynthia Levesque. So unanimously voted.

2) Letter from the US Census Bureau re: Census 2000

It was moved by Councilor Long and seconded by Councilor McIntyre to
accept correspondence from US Census Bureau and forward the information to
the Town Planner.  So unanimously voted.

NEW BUSINESS

1)   Sunday Sales Renewal Licenses:

a)   Applicants:

i. Bay Voyage

ii. Hodgekiss Farm

iii. Paws & Claws

iv. Video Showcase

It was moved by Councilor Long seconded by Councilor McIntyre to approve
all Sunday Sale licenses listed in 1.a, subject to all taxes and debts
being paid in full.  So unanimously voted.

2)   Letter from the Community Housing Resource Board re: Fair Housing 
Month

It was moved by Councilor Long seconded by Councilor Swain to place this
issue on the next Council agenda.
      Town Administrator will attach a letter or resolution for the next
council meeting.  So unanimously voted.  

3) Application for Amendment to Zoning Ordinance and Map from James J.
Thompson

It was moved by Councilor Long and seconded by Councilor Littman to refer
this correspondence to the Plan Commission and when a recommendation is
made to the Council, the Town Administrator will forward the Council all
past Council minutes that pertain to this property.  So unanimously voted.

4) Copy of Correspondence from James N. Nadeau & Co., Certified Public
Accountants

It was moved by Councilor McIntyre and seconded by Councilor Long to
accept correspondence from James N. Nadeau & Co.  So unanimously voted.

  OTHER COMMUNICATIONS

None

  OPEN FORUM CONTINUED 

None

  EXECUTIVE SESSION

It was moved by Councilor Long and seconded by Councilor McIntyre to
adjourn into executive session at 9:00 PM, pursuant to RIGL 42-46-5(a)(2),
to discuss the status of the contract negotiations with IBPO Local 305.
      The vote was, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; and Councilor Swain, aye.
      The motion carried.

The Council returned to regular session at 9:25 PM.
      It was moved by Councilor Long and seconded by Councilor Littman to
seal the minutes of the executive session.
      It was voted: Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Council Swain, aye.
      Motion carried.  

It was moved by Councilor McIntyre and seconded by Councilor Swain to have
the Town Solicitor and the Town Administrator finalize the Police
Contract.  So unanimously voted.

It was moved by Councilor Long and seconded by Councilor McIntyre to
adjourn at 9:25 PM.  So unanimously voted.

Attest:

Patricia L. Salley
Town Clerk Pro Tem

Amended 03/26/2001 by
Arlene D. Kalooski
Town Clerk