TOWN COUNCIL MEETING

April 23, 2001

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road at 7:00 PM by Council
President David J. Long.  The following members were present:

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

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski,, Town Clerk
James T. Murphy, Esq., Town Solicitor
Thomas P. Tighe, Police Chief
Arthur J. Christman, Fire Chief
Fred Pease, Special Town Constable
Dennis Webster, Quonset Davisville Liaison Committee Chair

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Presentation from the Compass School by Dr. Anne Veeger

Dr. Anne Veeger informed the Council that the Compass School will offer an
alternative educational program to students in the South County area.
      Project-learning, multi-year class configurations, public school
choice for families, portfolio assessment for all students, small school
size, and small class size are key elements to the program.
      The Compass School expects to open in September of 2002 with an
enrollment of 86 students in grades K-5.
      It was noted that full capacity of 182 students should be reached in
the 4th year.   

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

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

1) Adoption of Council minutes:

a) 04/09/2001 Regular Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission (03/21/2001)
b) Conservation Commission (02/13/2001)
c) Jamestown Quonset Davisville Liaison Committee (03/20/2001)

4)   Resolutions from the State and other municipalities

  a) House Resolution re: the Great Irish Famine
  b) Town of East Greenwich re: education

5)   RIDEM 

a) Project priority list request for projects State Fiscal Year 2002
b) Notice of proposed public hearing re: the amendment to the rules and
regulations governing the administration and enforcement of the freshwater
wetlands act

6)   CRMC Assent

a)   Sheree Kaplan Allen & David S. Allen re: construction of a shared
recreational boating facility located at plat 1, lot 130, 42 Orient Avenue
b)   Dominic & Patricia Munafo re: construction of a recreational boating
facility located at plat 3, lot 484, 1163 North Main Road 

7)   Naval Station Newport Restoration Advisory Board Meeting Minutes from
March 21, 2001

8)   Newport County Mental Health re:  Open House May 16, 2001 and Health
Fair May 24, 2001

9) Newport Jai Alai re:  invitation for Friday, May 4, 2001

10)  Abatements/Addenda of Taxes

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

4)   Resolutions from the State and other municipalities

  b) Town of East Greenwich re: education

Councilor Littman reviewed the resolution presented by the Town of East
Greenwich concerning proposed amendments that are pending at the Rhode
Island General Assembly that, if passed, will increase state aid for
education and state reimbursement of local community special education
costs and suggested that the Jamestown Town Council adopt a similar
resolution.
      It was moved by Councilor Littman, seconded by Councilor Long to
request the Town Administrator to prepare a resolution supporting the Town
of East Greenwich's resolution concerning State reimbursement to local
communities for education and special education costs and that following
the drafting, it be presented to the Council President for signature.
      So unanimously voted.  

EXECUTIVE SESSION

  1) Pursuant to RIGL 42-46-5(a)(5) acquisition of property

It was moved by Councilor Long, seconded by Councilor Amerigian to enter
into executive session, pursuant to RIGL 42-46-5(a)(5) acquisition of
property.
      It was voted, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed.

2) Pursuant to RIGL 42-46-5-(a)(2) litigation

a. Town of Jamestown vs. Stolarz
b. Town of Jamestown vs. Norton
c. Town of Jamestown vs. Potter
d. Concerned Boaters vs. Town of Jamestown

It was moved by Councilor Long, seconded by Councilor Swain to enter into
executive session pursuant to RIGL 42-46-5-(a)(2) litigation.
      It was voted, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed.

PUBLIC HEARINGS

None 

OPEN FORUM

1) Scheduled request to address

None

2) Non-scheduled request to address

None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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

                         Town Administrator Report
                             April 23, 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
    
    The Public Works Department has started its annual spring road
sweeping projects.
     The main roads in town will be swept first, followed by the secondary
roads.
     Repairs and patching of roads damaged by the recent storms continues.
     Steve is currently working on the list of roads to be paved and oiled
this coming summer.
     Steve anticipates having this list to the Council sometime next
month.
    
    Recreation
    
    The Recreation Department is still accepting applications for summer
employment, Matt anticipates having most positions filled within the next
three weeks.
     Matt has been informed that currently the Litter Corp Program will
only be half funded by the State.
     This may change once the General Assembly approves the State budget.
     This is the third year we were informed the Governor's budget did not
fully fund the program.
     In previous years, the funding was restored by the General Assembly.
    
    Little League will begin playing games on Monday, April 23, 2001,
although official opening day is set for Saturday the 28th.
     There will be a special dedication of the new flagpole on opening day
involving Jim McLoughlin, Jim Monro and others who were involved in
leading the volunteer fundraising.
    
    The annual Earth Day Shoreline Cleanup is scheduled for this Saturday,
April 21st with the Community Center serving as headquarters.
    
    All athletic fields are ready for the spring season.
    
    Building Inspector
    
    Seventy-two permits were issued in the month of March.
     There were twenty-seven building permits, with three new dwellings.
    
    Planning
    
    Two items on the Planning Commission's agenda for their April 18, 2001
meeting had to be continued until the next Commission meeting due to fire
code requirements at Town Hall.
     The Fire Marshall has determined the capacity of Town Hall is a
maximum of twenty people.
     Prior to the meeting the Planning Department did contact the Library,
which had a film program, the Recreation Center was holding rehearsal for
their spring production "On Borrowed Time, and the custodial staff at the
schools were on school vacation schedule working 7:00am to 3:00pm.
    
    The Affordable Housing committee intends to contact the Press
regarding the    achievements of this committee and highlight a family who
has benefited from this program.
     The Committee hopes to heighten the awareness of the need for
affordable housing on Jamestown.
    
    Fire
    
    Chief Arthur J. Christman reported there were thirty-one fire/rescue
and public services calls between April 3rd - 8
    
    Administration
    
    Members of the Federal Emergency Management team briefly visited
Jamestown on April 18, 2001 to assess the damage caused by flooding in
recent rainstorms.
     To date we do not know if FEMA will be providing any reimbursements
to Jamestown or the State of Rhode Island.
    
    The Public Works Director has received numerous calls from residents
to repair the roads in Foley Plat.
     It is our understanding these roads have not been accepted by the
Town for maintenance.
     In the past, residents in the area have done limited maintenance
work.
     Currently the conditions of the roads are so severe they are almost
impassable.
     Chief Christman also informed Steve Goslee the rescue truck had a
difficult time responding to a recent call because of the condition of the
roads.
     I would recommend that the Council request the Town Solicitor
research the titles of the roads and rights of ways and report back to the
Council.
    
    Steve Goslee and I attended a meeting concerning West Nile Viruses.
     The state is recommending all communities to implement an aggressive
public relations and outreach program to their residents.
     The state has purchased large quantities of the pesticide Altosid
that will be distributed to communities.
     The Altosid pellets will be used to treat catch basins.
     If you remember, last year the Council approved the use of Altosid
pellet in catch basins throughout the Town.
     We would like to continue with this program.
    
    Attached please find a copy of the schedule for the start of the
Inflow/infiltration study of the sewer collection system.
     Please note that a significant portion of the work will be completed
from midnight until 8:00am

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

    SIEGMUND & ASSOCIATES, INC.
    49 Pavilion Avenue
    Providence, Rhode Island 02905
    401785 2600 tel 401785 3110 fax
    
                             FACSIMILE
    To:       Maryanne Crawford, CPA   Fax# 423 7229
              Town of Jamestown        Number of pages including cover 1
    From:     Richard Chiodini
    Date Sent:    April 19,2001
    SAI Job#:     785.15
    
    NEPCCO's work schedule week of April 23rd
    
    Monday - arrive in Jamestown about 11:00AM; review work area for that
evening's work; get hotel accommodations.
     Return to work site at 10:00 PM.
     Work until midnight on flow isolation.
    
    Tuesday   12:00 AM to 8:00 AM continue flow isolation work
              8:00 AM to about 12:00 noon work on manhole inspections.
              10:00 PM return to work site for continuation of flow
isolation.
    
    Wednesday to Friday same schedule as Tuesday,
    
    NOTE;

    Flow isolation can only be performed when sanitary sewer use is at a
minimum.
     Therefore NEPCCO will perform that work task from 10:00 PM to 8:00 AM
of the following morning.
    
    The crew will then complete the work day doing manhole inspections.
    
    Discussions with the Police Chief revealed that uniformed traffic
control will only be required for work on Hamilton, Narragansett, Walcott,
and Canonicus.
     Initially NEPCCO will work away from those streets to avoid the need
for traffic control.
    
    I am sure there will be calls by residents to Town Hall or even the
Police station informing them of men working through the night.
     We recommend that both Town Hall and Police personnel be informed of
the above listed schedule which should last about three weeks. 

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

a)   Requested action by Council - none
c) Issues from report

i) Town street status

The Town Administrator informed the Council that the Public Works Director
has been receiving street repair requests from residents in the Foley
Plat.
      Some of these streets have not been accepted by the Town as public
streets.
       It was the consensus of the Council to have the titles of these
roads and rights-of-way researched and report back to the Council.

        ii)   Hazardous waste collection   

The Town Administrator noted that Jamestown will be participating in the
hazardous waste collection being held on Saturday, April 28, 2001 from
8:00 AM to 2:00 PM.
      It is expected that tracking will be done to see how many residents
take advantage of this service.

        iii)  Town Hall meeting room

The Town Administrator informed the Council that a Planning Commission
meeting held at the Town Hall on April 18, 2001 was continued due to the
number of people in attendance.
       The Fire Marshall has posted that the Jamestown Town Hall meeting
room size is sufficient for only 15 people.
      Councilor Swain expressed his concern about any meetings being
planned at the Town Hall and suggested that based on the size of the
committees meeting at the Town Hall, all meetings should be scheduled at
another location.
       The Town Administrator noted that there is a lack of available
meeting room space in the Town which creates a lack of continuity in
scheduled locations for these meetings.
       It was the consensus of the Council that meeting room location be
placed on the agenda for the Town Council meeting of May 14, 2001.

  2) Memorandum from the Town Clerk re:  May 2, 2001 local election

It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the memorandum from the Town Clerk.  So unanimously voted.

3)   Special Town Constable

a)   One vacancy exists (term ending 05/15/2003)

  i) Job description
  ii)   Request of reappointment from Town Constable Fred Pease

It was moved by Councilor Amerigian seconded by Councilor Long to
reappoint Fred Pease to the position of Special Town Constable.
      So unanimously voted.

4)   Affordable Housing Committee

a)   One vacancy exists (term not specified) letters of request:

   i)   Representative William H. Murphy

        ii)   Jocelyn Boyce Baldwin

It was moved by Councilor Littman, seconded by Councilor Long to table the
appointment for the Affordable Housing Committee.  So unanimously voted.

5)   Jamestown Ambulance Association

a) Election results

It was moved by Councilor Amerigian, seconded by Councilor Long to accept
the election results from the Jamestown Ambulance Association - with
congratulations.  So unanimously voted.
 
UNFINISHED BUSINESS

1) Parking Solution for Downtown (continued from 3/12/01, 3/26/01, 4/9/01)

It was moved by Councilor Long, seconded by Councilor Amerigian to
continue the discussion on the downtown parking solution to the next Town
Council meeting.  So unanimously voted.  

2) Jamestown Quonset Davisville Liaison Committee (continued from
3/12/2001, 3/26/2001)

a) Proposed Resolution

Dennis Webster, Chair of the Jamestown Quonset Davisville Liaison
Committee presented a draft resolution for the Council's consideration.
      Mr. Webster noted that the Governor intends to provide funds to
begin the Environmental Impact Statement (EIS) process.
      There is a possibility that Governor Almond would sign a lease with
a terminal operator prior to the completion of the EIS.  

It was moved by Councilor Amerigian, seconded by Councilor Long to change
the word unlikely in the second paragraph to questionable and to authorize
the Town Council President to sign this resolution and forward it to the
appropriate parties.
      It was voted, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, abstain; Councilor Swain,
aye.  The motion passed with four in favor and one abstention.  

3) Proposed Zoning Amendment re:  Thompson

The Town Solicitor informed the Council that the Planning Commission is
still in the process of reviewing this proposed zoning amendment.
      Additionally, Mr. Murphy stated that he spoke with Mr. Thompson's
attorney noting that language was needed for their requested change in the
Zoning Ordinance.
      Presently, we are waiting for additional information from Mr.
Thompson's attorney.  

The Council expressed concern with the timing for a hearing date.
      The Town Solicitor informed the Council that he is working with Mr.
Thompson's attorney and that the timeframe is agreeable.

4) Ft. Wetherill Boat Owners Association re:  lease approval

The Town Administrator informed the Council that the Memorandum with the
State and a full perimeter map/site plan will be included in the lease.
      It was moved by Councilor McIntyre, seconded by Councilor Long to
approve the lease as set forth between the Town of Jamestown and the Fort
Wetherill Boat Owners Association.  So unanimously voted.

5) Proposed On-Site Wastewater Management Ordinance (continued from
hearing)

It was moved by Councilor Long, seconded by Councilor Littman to approve
the On-sight Wastewater Management Ordinance.  So unanimously voted.

6) Status of the Union negotiations with IBPO Local 305

The Town Solicitor informed the Council that a tentative agreement has
been reached with IBPO Local 305 for a three-year period.
      The tentative agreement is as stated in the Resolution Relating to
the Police Force of the Town of Jamestown.  

Following further discussion, it was requested by the Council that a
changes be made in the language of the resolution; that being, remove the
words be required on page 3, line 2.  The Town Solicitor noted that the
police negotiation team was informed that this issue would be on tonight's
Council agenda. 

It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the resolution with the change striking out the language be required.  So
unanimously voted.

COMMUNICATIONS

1) Letter from Representative William H. Murphy re: Eldred Pumping Station

It was moved by Councilor Long, seconded by Councilor Swain to accept the
letter from Representative William Murphy.  So unanimously voted.

2)   Letter from the Citizen's for RI's Future re: 

a)   Container ports

b) Request to be on Jamestown Town Council agenda

Amie Bergin, Field Coordinator for Citizen's for Rhode Island's Future,
appeared before the Council and requested that they support this
coalition.
      The Town Administrator noted her concern with issues being dealt
with by the coalition which may not come before the Council for their
review and consent.
      It was moved by Councilor Long, seconded by Councilor Swain to refer
this letter and request to the Jamestown Quonset Davisville Liaison
Committee for their review and recommendations.  So unanimously voted.

3)   Copy of communication from Town Solicitor to Zoning Enforcement
Officer

  a) MCF Communications, Inc. (2 letters)

The Town Solicitor noted that the purpose of the two letters presented to
the Council are to keep them apprised of the situation along with the
regulations relating to the rights of Towns to regulate telecommunication
facilities.  

It was moved by Councilor Amerigian, seconded by Councilor McIntyre to
accept the letters from the Town Solicitor.  So unanimously voted.

NEW BUSINESS

  1) Fort Getty One Day Licenses (request to waive $5 fee):

  Applicant            Date        Request     

  Jamestown PTO        06/09/2001     1 person band & food                
         
                                   sales

It was moved by Councilor Long, seconded by Councilor Littman to waive the
fees for the Jamestown PTO summer barbeque.  So unanimously voted.

It was moved by Councilor Amerigian, seconded by Councilor Littman to
approve the One-Day Entertainment License for the Jamestown PTO.
      So unanimously voted.

2) Request of the Conanicut Island Land Trust to waive the standard yard
sale fee for May 19th ($5.00  x 10 yard sales = $50.00)

Councilor Amerigian recused himself from any discussion relating to the
Conanicut Island Land Trust.

It was moved by Councilor Long, seconded by Councilor Swain to waive the
standard yard sale fees for the Conanicut Island Land Trust.
      The vote was:  Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, recused; Councilor McIntyre, aye; Councilor Swain,
aye.  The motion passed.

3) Letter from Richard Condon to correct February 26th minutes

It was moved by councilor Long, seconded by Councilor McIntyre to accept
the letter from Richard Condon informing the Council that he was
incorrectly identified as being in attendance at the February 26, 2001
Council meeting.    So unanimously voted.

4)   Personnel

a) Salary increase for Town Administrator

It was moved by Councilor McIntyre, seconded by Councilor Long to approve
of a salary increase for the Town Administrator.  So unanimously voted.

5)   Conanicut Island Land Trust request for funding re:  Ryng property

Councilor Amerigian removed himself from any discussion relating to the
Conanicut Island Land Trust.

The Town Administrator informed the Council that the Conanicut Island Land
Trust will be meeting in the near future to discuss the Council's concerns
and suggestions relating to the funding of the Ryng property.
        No action taken

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED (if necessary)

Request for the use of Mackerel Cove

A representative of Telstar Fireworks appeared on behalf of Barry and
Carla Cook to request that they be allowed to do a fireworks shoot at
Mackerel Cove for their sons wedding on June 15, 2001.
      It was noted that their property does not allow for the proper
safety clearances and therefore, they are requesting permission to use
Mackerel Cove Beach.  Telstar would have the liability.  

It was the consensus of the Council that this be coordinated with the Town
Solicitor and the Town Administrator. 

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Councilor Swain to adjourn
into executive session at 8:25 PM pursuant to RIGL 42-46-5(a)(5)
acquisition of property and RIGL 42-45-5 (a) (2) (litigation).
       So unanimously voted.

The Council returned to regular session at 9:40 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. 

Attest:

Arlene D. Kalooski

Town Clerk