TOWN COUNCIL MEETING
April 9, 2001

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road at 7:01 PM by Council
President David J. Long.  The following members were present:

Kenneth G. Littman, Vice President
Craig A. Amerigian
Bruce W. McIntyre
David Swain

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

James T. Murphy, Esq., Town Solicitor
Arthur Christman, Fire Chief

Present for presentation from Siegmund & Associates, Inc.:

Laszlo S. Siegmund, P.E.

It was requested by the Town Administrator that a Sunday Sales license and
a Victualing license be added to the Agenda.
      The Town Administrator informed the Council that the new license
requests from the Slice of Heaven were inadvertently left off the agenda,
through no fault of the owners of Slice of Heaven.  

It was moved by Councilor Littman, seconded by Councilor Long to amend the
Agenda pursuant to RIGL 42-46-6(b) to add the license application for a
Victualing License and a Sunday Sales License form Slice of Heaven, Inc.,
that was filed on April 1, 2001 with proper signatures from Town Officials
and letter of approval from the State of Rhode, Department of Health.
      So unanimously voted. 

Slice of Heaven, Inc.

  Sunday Sales License
  Victualing License

It was moved by Councilor Long, seconded by Councilor McIntyre to grant
the licenses for Slice of Heaven, Inc.  So unanimously voted. 

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1)   Arbor Day Proclamation 

a) Letter of invitation, April 27, 2000  

It was moved by Councilor Long, seconded by Councilor Amerigian to
proclaim Friday April 27, 2001 as Arbor Day.  So unanimously voted.

2) Letter of request for recognition of Eagle Scouts 

a)   Christopher Stroud
b) Daniel Ritacco

It was moved by Councilor Long, seconded by Councilor Amerigian to pass
resolutions acknowledging eagle scouts Christopher Stroud and Daniel
Ritacco.  So unanimously voted.

3)   David D. Guiney, retired Town Mapper (deceased) recognition of
service and request for letter of condolences (per Town Administrator)
Councilor Long noted that Mr. Guiney had been a dedicated, long-time
employee of the Town beginning in 1984 as an assistant to the Town
Engineer and more recently as the Town Mapper.  
It was moved by Councilor Long, seconded by Councilor Littman to request
the Town Clerk to send a letter of condolences to the family of David D.
Guiney.  So unanimously voted. 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that item #4b be removed from the consent agenda.
      Motion by Councilor Long, seconded by Councilor McIntyre to accept
the consent agenda as amended.  So unanimously voted.  The consent agenda
consisted of: 

1)   Adoption of Council minutes:

a)   03/26/2001 Regular Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Jamestown Harbor Management Commission (02/14/2001)
b) Jamestown Library Minutes (02/27/2001)
c) Affordable Housing Committee Minutes (02/14/2001)

4) RIDEM 

a) Phase II Storm Water Work Group meeting
 
5)   CRMC Notice

a) April 2001 Calendar
b) April 2001 Calendar (amended)
c) Rights-of-Way Workshop Agenda
d) Cease & Desist Order to Francis E. Clark of 120 Racquet Road for
undertaking earthwork and construction/maintenance activity within 200
feet of a coastal feature at Plat 9, lot 328, 110 Racquet Road

6)   Census 2000 
7)   Abatements/Addenda of Taxes 
*********************************************************

4)   RIDEM 

b)   Insignificant Alteration Permit to the Town of Jamestown re: property
located on North Main Road, Plat 4, Lot 6
The Town Administrator reviewed the plans to install a temporary shed or
trailer to house the compressor that will be used in the aeration system
at the North Pond.
      It is expected that this will be up and running this summer.
It was moved by Councilor Amerigian, seconded by Councilor Long to accept
the RIDEM notice.  So unanimously voted. 

EXECUTIVE SESSION ANNOUNCEMENT

1) Pursuant to RIGL 42-46-5(a)(5) acquisition of property to discuss
negotiations with the Land Trust
It was moved by Councilor Long, Seconded by Councilor McIntyre to enter
into executive session, pursuant to RIGL 42-46-5(a) (5), acquisition of
property.  Councilor Amerigian recused himself from this discussion.  
The vote was Council President Long, aye; Councilor Littman, aye;
Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed with four in favor and one recusal.

2) Pursuant to RIGL 42-45-5 (a) (1) (personnel) job performance
It was moved by Councilor Long, seconded by Councilor Swain to enter into
executive session, pursuant to RIGL 42-45-5(a) (1), personnel.
It was voted Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The Motion passed unanimously.

PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled request to address 

2) Non-scheduled request to address

Gary Girard, 94 East Shore Road requested that the On-Site Wastewater
Management Ordinance hearing be changed to another day.
      Mr. Girard noted that April 12 is a religious holy day and many
interested residents would be in Church.
      It was the consensus of the Council that the hearing would go on as
scheduled and as posted.

Guy Settipane, Seaside Drive suggested that the changes in the On-Site
Wastewater Management Ordinance are significant and should be
re-advertised. 
Following a discussion on the need to re-advertise, it was the consensus
of the Council and Town Solicitor that changes were not such that
warranted re-advertising; however, at the Council's request the Clerk will
put a block advertisement in the Jamestown Press notifying residents that
the proposed ordinance would be available for review at the Town Hall and
Library.  

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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

    Town Administrator Report

    April 9, 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
    
    With the recent heavy rains, the Public Works Department has been busy
patching and grading numerous roads throughout the Town.
      Catch basin cleaning continues as well as some small drainage
projects.
    
    Recreation
    
    Construction for the set of the Jamestown Community Theater's
production of On Borrowed Time has commenced.  Opening night is on April
21, 2001.
      Tickets for all performances can be purchase at a number of business
establishments within the Town.
    
    The Recreation Department continues with field preparation for the
spring programs.
     In spite of the heavy rains the Eldred Avenue Soccer field is drying
out fairly well.
     Spring soccer is just underway and it is anticipated the Eldred
Avenue Field will be ready.
    
    Recreation programs held at the Country Club during the winter months
will be moving to the Community Center to avoid interfering with the golf
course operations.
    
    Finance
    
    Tax bills for the New Year were sent out on April 6, 200 1. If any
resident is going to appeal their new valuation, the deadline for
appealing is by August 12, 2001.
    
    Planning
    
    The Planning Commission discussed the proposed zoning amendment
submitted by J. Thompson at their April 4, 2001 meeting. The discussion
was continued to April 18, 2001.
     The Planning Commission anticipates having a recommendation to the
Council on May 14, 2001, which is the same date for the Public Hearing on
this proposed zoning amendment.
    
    Police
    
    The two new police vehicles budgeted in the 2001/2002 capital budgets
have arrived and are in service.
     The classes for the Citizens Academy begin on Monday April 16, 2001.

    The class is full with fifteen participants.
     Chief Tighe has been notified the Police Department will be receiving
an $11,000.00 grant from The Governor's Office of Highway Safety. The
proceeds of this grant will be used for inspection of children car seats.

    Fire
    
    Chief Arthur J. Christman reported there were twenty-two
fire/rescue/service calls for the period of March 19 through April 1,
2001.
    
    Administration
    
    The March 31, 2001 rainstorm dropped about five inches of rain on
Jamestown.
     The Public Works Department received a number of calls from residents
concerning flooding.

    As Steve Goslee and I were touring the island and evaluating the
situation during the height of the storm, we received a phone call from a
resident requesting help because the flooding in her yard had reached the
level of her door and was flooding into her house.

    We were able to assist her by placing sand bags and diverting the
water to the side of her house.
     The Public Works Department received a few other similar calls.
     The Fire Department pumped out over fifty basements throughout the
weekend.
     Many long time Jamestowners informed me they have never witnessed
such flooding.
     The good news is Rhode Island Emergency Management will be submitting
a request for funds from the Federal Emergency Management Agency to offset
the cost incurred by local cities and towns as well as the residents
    
    As in the past, Town Hall, Town Offices, and the Planning Office
experienced excess water in the basements.
     In Town Hall, the Public Works Department installed a sump pump in
the stair well located outside the basement door.
     This helped to reduce the amount of flooding in the basement.
    
    Siegmund & Associates spoke with CRMC concerning the repairs to Taylor
Point.
     CRMC informed Siegmund & Associate the water at Taylor Point is
designated Type I by CRMC.
     This classification limits the type of repairs the Town can enact.
     The Town and Siegmund & Associates will be meeting with CRMC in the
near future to discuss what repairs the Town will be able to do.
    
    The Friends of Jamestown Community Center continue to meet on the
second and fourth Thursdays of the month.
     Local Architect Andy Yates has volunteered his services to assist
with the bid specifications.
    
    Attached please find a copy of a letter from Attorney James Hyman.
     As GZA recently reported to the Council, they were recommending the
installation of an additional well on the property located next to the
landfill.
     The additional well was not going to be tested, but used to determine
groundwater flow.
     As you can see by the attached letter, Mrs. Joan Weaver has denied
our request.

    With the election just weeks away and two Councilmen not seeking
reelection, I am beginning to put together an executive summary and a
number of documents for the new members.
     If any of you have any suggestions that may help with the transition,
please let me know.
    
    Attached please find the Sewer Budget for fiscal 2001/2002.
    
-----------------------------------------------

a)   Requested action by Council (none)

Rain and water damage: 

In addition to items on the Town Administrator's report, Ms. Crawford
noted that Jamestown will be approaching Rhode Island Emergency Management
to request funds through FEMA to assist the Town and residents in
offsetting costs incurred by water damage due to the heavy rains on March
30, 2001. 

Landfill:

A request by the Town to install a test well to establish groundwater flow
has been denied by the abutter.
        The Town Administrator also noted that Raymond Iannetta requested
that the Town test the wells located on the old Vieira Farm.
      That request has been denied.  The Town Administrator is working
with GZA to locate an area for an alternate location.

     Highway Safety Grant:

The Town Administrator informed the Council that two police officers will
be trained to make inspections on the safety of child car seats.
      It is expected that there will be specific dates planned for this
voluntary inspection of child car seats.

UNFINISHED BUSINESS

1) Parking Solution for Downtown (continued from 3/12/01, 3/26/01)

The Town Solicitor notified the Council that she is putting together
additional information relating to parking in the downtown area.  
It was moved by Councilor Long, seconded by Councilor Swain to continue
the discussion of downtown parking until the next Council meeting.

2) Fort Wetherill Boat Owners Association Lease (per Town Administrator)

a) Letter from Town Administrator

The Town Administrator informed the Council that the lease is in the
process of being finalized.  One of the issues still be negotiated is the
ownership of the float, ramps and pilings.
      The boat owners construct and maintain these structures and they
would like to maintain the ownership and have that language included in
the lease.
      The Town Administrator suggested that the lease should then
specifically state that the boat owners would be responsible for the
removal of these structures.
      Additionally, the Town Administrator addressed the amount of slips
being planned at the marina.
      The marina would increase their slips from 40 to 42.
      The increased slips would be used specifically two for residents;
however, the boat owners would make available two spots to be used by the
harbor boat and fire boat when necessary.
       These slips will be maintained by the Boat Owners Association.
It was moved by Councilor McIntyre, seconded by Councilor Long to include
the issues related to the float, ramps and pilings in the Fort Wetherill
lease.  So unanimously voted. 
It was moved by Councilor McIntyre, seconded by Councilor Littman to
increase the number of slips from 40 to 42.  So unanimously voted.

3) Downtown Enhancement Project (per Town Administrator)

a) Memorandum of Agreement 
(duplicate entry - see below)

4) Downtown Improvement Phase 1 Enhancement Project Memorandum of
Agreement by and between the State of Rhode Island and Providence
Plantations and the Town of Jamestown (continued from 03/26/2001)

It was moved by Councilor Long, seconded by Councilor Swain to move
forward with Phase 1 of the Archeology study for the Downtown Improvement
Project.  So unanimously voted.

5) Memorandum of Understanding - Siegmund and Associates, Inc. re: 
Infiltration/Inflow Study submitted for Council review and approval
(continued from 03/26/2001)

The Town Administrator noted that the Memorandum of Understanding is ready
to be signed; however, there has been an increase in cost in the
infiltration and inflow portion of the work.
      Laszlo Siegmund of Siegmund & Associates, Inc., informed the Council
that NEPCCO has been hired to do the cleaning and depending on the type of
cleaning necessary; light, moderate or heavy cleaning, the cost could
change.
       It was noted by the Town Solicitor that it is extremely important
that the process continue through the wet season and recommended that the
Memorandum of Understanding be signed. 

It was moved by Councilor Swain, seconded by Councilor McIntyre that the
Town Administrator proceed with the signing of Memorandum of Understanding
between Siegmund & Associates and the Town of Jamestown.
      So unanimously voted.

COMMUNICATIONS

1) Copy of a letter from James R. Filkins to the Town Administrator re:
Jamestown Community Chorus

It was moved by Councilor Amerigian, seconded by Councilor Long to refer
the letter from James R. Filking, Vice President of the Jamestown
Community Chorus to the Town Administrator.  So unanimously voted. 

2) Copy of letter to the Jamestown Press from Rosemary McGonigal re:
Financial Town Meeting

It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from Rosemary McGonigal.  So unanimously voted. 

3) Letter from Grow Smart re: RI Brownfield's Policies and Programs 

It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter relating to RI Brownfield's Policies and Programs.
      So unanimously voted.

NEW BUSINESS

1)   One Day Bingo License:

a)   Applicant:

Jamestown PTO for April 27th at the Melrose School
It was moved by Councilor Long, seconded by Councilor to grant the one day
bingo license to the Jamestown PTO for April 27, 2001 and to waive the
fee.  So unanimously voted.

2) Rome Point (per Town Administrator)

The Town Administrator informed the Council that Rome Point is a 230 acre
parcel located in the Town of North Kingstown that has recently been
donated by the Narragansett Electric in honor of U S Senator John H
Chaffee.
      This property, located off Rt.
     1A, will be preserved for the enjoyment of all Rhode Islanders.
      The Jamestown Town Council President will sign letters of
congratulations to be forwarded to the Town of North Kingstown and
Narragansett Electric.  

3)   Letter from Verizon

a)   relocation of one joint pole on Lawn Avenue
b) placement of (5) new joint pole and (4) anchor guy locations on Fort
Wetherill
It was moved by Councilor Long, seconded by Councilor McIntyre to refer
the requests from Verizon to the Public Works Director.
      So unanimously voted.

4)   Abutters Notification to Town of Jamestown re:  Plat 5, Lot 480; 11
Severence Lane

The Town Administrator noted that the Town is an abutter of this property
which is located across from the reservoir.
      Additionally, the Town Administrator informed the Council that the
Zoning Board of Review will be hearing this request sometime in May.
      The Town Administrator noted that it was her understanding that if
approved, the applicant could sell or lease space on this tower.
      Councilor Amerigian expressed great concern with the possibility
that there will be many more requests to erect this type of tower and
suggested that we select one spot that could accommodate this usage.
      Councilor Littman mentioned a decision from the First Circuit Court
of Appeals in Massachusetts relating to this issue and the Minimal Visual
Impact Bylaw which upheld the community's decision to restrict the
establishment of cellular towers.
      Councilor Littman suggested taking a look at the possibility of
passing an ordinance dealing with this.  
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
notification and request that the Town Solicitor keep the Council up to
date on other developments relating to the regulation of antennas.
      So unanimously voted.
The Town Solicitor informed the Council that this particular applicant is
building this tower on speculation and intends to lease space on the
tower.  
It was moved by Councilor Amerigian, seconded by Councilor Long to request
the Town Administrator investigate whether there would be a consultant
available that could be able to estimate the number of requests that the
Town can expect in the future and report back to the Council with this
information.  So unanimously voted. 

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Councilor McIntyre to adjourn
into executive session at 8:30 PM pursuant to RIGL 42-46-5(a)(5)
acquisition of property  and RIGL 42-45-5 (a) (1) (personnel).
       So unanimously voted.

The Council returned to regular session at 9:15 PM.
      It was moved by Councilor Amerigian, seconded by Councilor Long to
seal the minutes of the executive session.
       The vote was, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed. 

It was moved by Councilor Long, seconded by Councilor Littman to put a
salary increase for the Town Administrator on the agenda for the Town
Council meeting on April 23, 2001.  So unanimously voted. 

Councilor Amerigian recused himself from discussion on the Land Trust.
It was moved by Councilor Long, seconded by Councilor McIntyre to approve
negotiations by the Town Administrator, Town Solicitor and two members of
the Water Resource Protection Committee with the Land Trust regarding
funding for the Ryng property.
      It was voted, Councilor Long, aye; Councilor Littman, aye; Councilor
McIntyre, aye; Councilor Swain, aye.
      The motion passed with 4 in favor and Councilor Amerigian recusing.

There being no further business before the Council, it was moved by
Councilor Long, seconded by Councilor Littman to adjourn at 9:18 PM.
      So unanimously voted. 

Attest:

Arlene D. Kalooski
Town Clerk