JAMESTOWN TOWN COUNCIL

June 11, 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 Guy J. Settipane.  The following members were present:

Kenneth G. Littman
David J. Long
Norma B. Willis
Absent was:  David A. Swain

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski,, Town Clerk
Dennis J. McCarten, Esq., Town Solicitor
Thomas P. Tighe, Police Chief 
Arthur J. Christman, Fire Chief

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Proclamation

a)   Jamestown's Graduates Week (week of June 10, 2001)

It was moved by Council President Settipane, seconded by Councilor Littman
to proclaim the week of June 10, 2001 as Jamestown's Graduates Week.
      So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that item #1(a) be removed from the consent agenda.
      It was moved by Councilor Willis, seconded by Councilor Long to
accept the consent agenda as amended.  So unanimously voted.

1) Adoption of Council minutes:

b)   05/29/2001 Regular Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a)   Planning Commission (05/16/2001)

4)   Resolutions from the State and other municipalities

a) Town of Hopkinton re: Opposing Proposed Hope Valley Salt Storage
Facility

5)   CRMC Notices:

a) Assents:

i) Robert G. Rizzo to raze and remove an existing dwelling and construct a
new 3 bedroom dwelling , detached garage and permeable driveway.
     Dwelling will be serviced by a private well and ISDS located at 80
Orient Ave., AP 1, lot 132

ii)         Barbara & Mike Infantolino to construct a single family 4
bedroom dwelling with associated ISDS; 16 x 32 ft. pool, and driveway
access.
     Also perform buffer zone management on western buffer zone consisting
of 50 ft. wide view corridor, six ft. wide access path, wooden walkover
structure and 10 x 12 ft wooden recreational area located on North Main
Road, AP 3, lot 485

iii)        Town of Jamestown to construct a pump test at the 

  Jamestown Pump Station.
     Includes discharging 75 gallons per minute for 72 hours.
     All water to flow non-erosively to backwash ditch located on North
Main Road AP 6, lot 1

iv)        Jagdish & Nita Shah to construct addition and deck to an
existing dwelling located at 161 Seaside Drive, AP 5, lot 9

b) Finding No Significant Impact:

i)   John Howard to re-roof a house and repair decks located at 7 Grey
Gull Road, AP 12, lot 172

ii) Robert J. Settipane to replace decking located at 311 Seaside Drive AP
16, lot 9

iii) Town of Jamestown to install an Osprey pole located on Orchard Lane,
AP 6, lot 3

c) Notice:

i)   Town of Jamestown to construct rip-rap and vegetation stabilization
and two access stairways to Potters Cove, AP 7, lot 1

ii) Corrected Notice of a Public Hearing to the Town of Jamestown re: the
above notice

iii) Public Meeting to Review the Habitat Restoration Web-site Prototype

6)   RIDEM

a)   Insignificant Alteration Permit to the Town of Jamestown re: request
for preliminary approval off of North Main Road in the area of the North
Reservoir, AP 4, lot 6

b)   Letter re: a request for proposals for Nonpoint Source Pollution
Abatement Grants

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

8)   Naval Station Newport Restoration Advisory Board Meeting Minutes from
May 16, 2001

9)   Resource Quarterly - Spring 2001 Vol. III/No.4

10)  Correspondence from the Attorney General re: 2001 Open Government
Summit 

11) Abatements/Addenda of Taxes (05/14/2001, 05/29/2001) 

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

1) Adoption of Council minutes:

a)   04/23/2001 Regular Meeting

It was requested that the minutes from April 23, 2001 be put on the agenda
for the Council meeting on June 25, 2001 for review. 

Town Buildings and Facilities Committee (TBFC)

It was requested that the record show that Councilor Littman was appointed
as the non-voting Council liaison to the Town Buildings and Facilities
Committee.

EXECUTIVE SESSION ANNOUNCEMENT

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

a)   Concerned Boaters vs. Town of Jamestown
b)   Stolarz vs. Town of Jamestown

Council President Settipane announced that there would be an executive
session pursuant to RIGL 42-46-5 (a) (2). 

PUBLIC HEARINGS

1) Proposed Zoning Amendment: Plat 8 Lot 170 James J. Thompson Bayview
Condominiums - Unit 1B

At 7:23 PM Council President Settipane opened the hearing for the proposed
amendment to Article 2, section 200 as it relates to Zoning Districts;
and, Article 3, Table 3-1 as it relates to Permitted Uses; and, The
Official Zoning Map as it relates to "Downtown Condominiums".

Paul A. Sollitto, Esq., 20 Main Street, Wickford, RI,  representing James
Thompson, owner of unit 1R in the building known as the Bayview
Condominiums, informed the Council that the purpose of this request was to
ask that this one unit out of thirty-six units be converted to a
residence, consisting of two bedrooms and two baths, in keeping with all
other units.
       There are presently twelve units of parking assigned to the
restaurant, ten of these parking units would be relinquished to the
condominium association and used as unassigned parking for the condominium
complex.
      Additionally, Counselor stated that the liquor license would also be
relinquished to the Town.
       Counselor Sollitto informed the Council that this proposed zoning
amendment is filed in compliance with a request from the Building
Official.
      Counselor Sollitto raised the question of why there is a need to
have the zoning changed.  Article 2 Section 200 states that the definition
of Downtown Mixed Use intends to allow use compatible with a compressed
location at the corner of the commercial downtown district, the buildings
and the district may accommodate a mix of residential and commercial uses.
      It was Mr. Sollitto's opinion that the current zoning  ordinance
allows either a residence or restaurant in the Downtown Mixed Use
classification.
       He further stated that there is nothing in the ordinance indicating
the use of this unit as a restaurant is mandatory nor that the use as a
resident would not be allowed.  Table 3-1 says that a Downtown Mixed Use
among other things includes family dwelling as a permitted use.
      This is a permitted use needing no zoning action.
       The changing of this unit to a dwelling unit would necessitate
changes in the condominium documents; which Counselor Sollitto noted the
association is agreeable to.
       Counselor Sollitto referenced the Jamestown Zoning Map, stating
that a zoning map is used to view what the area looks like and is not to
include text.
      Downtown Condominium was changed in 1995 to Downtown Mixed Use.
      This change to residential use for this unit would keep with the
Comprehensive Plan and be consistent with the thirty-five other
residential units.
      A restaurant is not a compatible use and for the past three years it
has not been in operation.
       Counselor Sollitto informed the Council that the reason the
Building Official and the Planning Department are taking the position that
this matter should be a zone change is that on the face of the zoning map
is a notation that references the original zoning district.
      In 1985 when the developer of the condominium went forward to the
Council, the property was zoned Downtown Condominium, as indicated on the
Zoning Map which references a motion from the hearing.
      The Zoning Map still has a reference to that 1985 motion and it is
from this that everyone believes is controlling use.
      However, in 1995 that was changed to Downtown Mixed Use.
       Counselor Sollitto referred to Rhode Island General Law's
definition of the Zoning Map - the maps which are part of the Zoning
Ordinance in which delineates the boundaries of a map zoning district
within the physical boundaries of the town.  

Council President Settipane noted that the Town Council has powers to set
limitations and restrictions in changing a zone.
      A motion was made on May 9, 1985 by the Town Council which states "I
hereby move to amend the Zoning Ordinance of the Town of Jamestown by
providing that the zoning district in which a certain parcel or lot of
land identified as Lots 170 and 636 on Jamestown Tax Assessor's Plat 8, as
presently constituted, is located be changed from 'Commercial Downtown' to
'Downtown Condominium", subject to the following uses, limitations and
conditions....  Councilor Settipane further stated that it was his belief
that this is a request to relinquish the conditions set by this Council in
1985, rather than an amendment to the Zoning Ordinance as presently
proposed.   Councilor Settipane continued reading the motion of May 9,
1985 whereby "lots 170 and 636 on Jamestown Tax Assessor's Plat 8 are
limited to one structure containing not more than thirty-five (35)
condominium units of not more than two (2) bedrooms each and one (1)
restaurant with sixty (60) seats, including gazebo and porch."  Councilor
Settipane noted that redistricting created this zoning especially for the
Bayview Condominium.

It was the consensus of the Council that the Town Solicitor give his
opinion on the 1995 designation of mixed use and whether or not Article 2
of the Jamestown Zoning Ordinance, where defined under districts -
Downtown Mixed Use; that 1995 definition supercedes the 1985 creation of
the zoning district for Downtown Condominium that had a restaurant as a
condition of requirement.  

Upon an inquiry by Councilor Littman, Council President Settipane read
recommendations from the Planning Commission meeting on May 8, 2001;
specifically, "The Planning Commission discussed this proposed amendment
at the April 4 and May 2 Planning Commission meetings.
      Their recommendation follows.
      One issue that was discussed but not acted on relates to the 12
excess parking spaces out of the 14 set aside for restaurant use.
      The Planning Commission discussed utilizing those 12 excess parking
spaces designated for Restaurant use as public parking."

Counselor Sollitto informed the Council that the parking spaces would
revert back to the Condominium Association and not for public parking.  

Council President Settipane called for speakers in favor of the proposed
amendment:

Mark E. Liberati, unanimously endorsed the proposal stating that this
would promote consistency in this neighborhood and promote a more
harmonious use.

Heidy Moon, resident of Bayview Condominium,  noted that there is a
difference between limited common area and common area; parking spaces are
considered to be common area and are under the control of the Association.
      There is a 100% vote in favor of this change from the Condominium
Association.  

Art Christman, informed the Council that he has been involved with this
building from day one and that the conditions when this building was
allowed to be built was that there had to be a restaurant.
      Others have tried to change the restaurant into a residence and they
have been denied.

Marge Burn resident of Bayview Condominium, stated that the restaurant has
been noisy and troubling to the residents.
      There are other restaurants in town and the loss of one will not be
noticeable.  

Carolyn Palumbo resident of Bayview Condominium noted that during the
summertime all of those parking spots at the condominium are being used by
residents and visitors.  

Rick Anderson, West Reach, parking is an issue and is being diminished in
the downtown area.
      Patrons of a restaurant would be using public parking.
      Significant changes in the number of downtown restaurants reduces
the need for the restaurant at the Bayview Condominium unit.

Eileen Sexton, 53 Conanicus 1H, stated that one of the reasons she moved
to Jamestown was the quality of life.
      There are enough available of restaurants with a water view.
      She will be disappointed if the Council denies this request.

Kathy Kaiser, resident of the Bayview and member of the Board of Directors
stated that there is a major concern with water and clearly a restaurant
will use more water that a residence.

Sal Rebecchi, Sail Street.
      Lived above the East Ferry Deli and the most valuable parking spaces
are across from the Bayview and these spots are being used by the Bayview
Condominium residents and visitors.
      This would free up spaces for the residents.

Dick Wing, North Road, noted that a restaurant in that area is not
economically sound.
      Additionally, alcoholic consumption has been reduced to .08 and the
cost of liquor liability insurance has increased; therefore, this is no
longer a viable enterprise for that area.

Dr. Frances Conklin, owner of a Bayview Condominium unit noted that it has
been impossible for her to stay in her unit as she shares a common
stairway with the restaurant unit. 

Peter Clark, Marcello Drive informed the Council that he is in favor of
Mr. Thompson's proposal.

Council President requested comment from any residents in opposition to
the proposed amendment: 

Jerry McIntyre spoke as resident and former Council member, presenting a
historical overview of the 1985 Zoning for the Bayview building.
      It was Mr. McIntyre's belief that binding decisions were made in
1985 whereby the magnificent structure that contained two restaurants and
a bar be replaced by the Bayview Condominium.
      Subject to the specific zoning requirement of a restaurant in the
building, this was an important fact in allowing this project.
      A precedence has been set and the Council is bound to honor the
communities wishes as established in the 1985 zoning. 

Doreen McCann, former owner of the restaurant situated in the Bayview
Condominium quoted statements in the Jamestown Press regarding her attempt
to change the restaurant into a residence.
      Her request was denied.  She stated that she could not understand
how, after her denial, anyone else would be allowed to make a change.

Council President Settipane called for Council discussion.  

Councilor Littman expressed legal concern relating to the 1995 decision
and the impact of the change to the condominium area to the zoning - Mixed
Use.   Requested legal opinion on the affect of that Zoning Amendment and
the change in some of the language and description of the usages in that
area where the condominium units are.  

Council President Settipane noted his concerns and asked the Town
Solicitor his impression of the 1995 designation of Mixed Use and whether
or not that 1995 definition supercedes the 1985 creation of the zoning
district for Downtown Condominium that had as a condition and requirement,
a restaurant.

Councilor Long noted that he does not take any exception to a decision
made by previous Councils lightly.
        Councilor Long also requested a legal opinion from the Town
Solicitor prior to making any decision.

Councilor Willis noted that she is awaiting a legal opinion from the Town
Solicitor.
      However, she noted that she would like additional information of
parking and what would be relinquished.

Settipane noted that the Council would entertain an offer from the
Association relating to relinquishing parking spots to the Town.

It was moved by Councilor Long, seconded by Councilor Willis to adjourn
and continue the hearing for the proposed Zoning Amendment relating to the
Bayview Condominium.
      It was moved by Councilor Long, seconded by Councilor Willis to
amend the motion adding that the continuation be limited to discussion on
the findings of the Town Solicitor.
      So unanimously voted.  The motion to adjourn and continue the
hearing for the proposed Zoning Amendment relating to the Bayview
Condominium with discussion being limited to the findings of the Town
Solicitor passed unanimously. 

It was moved by Councilor Willis, seconded by Councilor Long to recess
until 9:15 PM.  So unanimously voted.

The Council returned at 9:15 PM.

OPEN FORUM

1) Scheduled request to address 

2) Non-scheduled request to address

Jane Anthony hand delivered a letter of interest for the Charter Review
Committee.
      It was moved by Councilor Settipane, seconded by Councilor Willis to
accept the letter from Jane Anthony.  So unanimously voted.

Representative William H. Murphy reported that he had just returned from
the joint Finance Committee meeting for the House and Senate on the
Environmental Impact Study.
      Representative Murphy reported that there was no one present from
the Governor's office in attendance to speak on behalf of the
$2,500,000.00 being requested for this study.  It was also noted that
although it is very late in the budget process, meetings are still being
held as to what will be in the budget.
      Representative Murphy informed the Council that the North Kingstown
Town Council appeared at this meeting with their consultant.
      Representative Murphy confirmed that Dennis Webster, Jamestown
Quonset Davisville Liaison Committee Chair hand delivered the resolution
from the Town of Jamestown.
       Representative Murphy will keep the Council informed.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

------------------------------------    
    Town Administrator Report
        June 11, 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
    
    Attached please find the street-paving list for your approval.
     Once the Council approves this list the Public Works Department will
begin prep work for all roads to be paved.
    
    Police
    
    Attached please find a copy of a letter from Chief Tighe, and report
from The Rhode Island Select Committee on Race and Police-Community
Relations.
     A meeting has been scheduled for June 12, 2001 at the Police Station
with Dr. Lois Wims, Executive Director of the Commission, to review the
report.
     If any Council members are interested in attending this meeting
please let me know as soon as possible.
    
    The Police Department has a student intern for the summer.
     The intern will be Working at the police station and also assisting
at the Harbor Office.
     With the busy season here, the Parking Monitor is scheduled to start
this week and will work until early fall.
    
    Recreation
    
    The Recreation Department continues to accept registrations for summer
programs.
     The summer playground program begins on June 25, 2001.
     Matt received notification that the state will fund approximately
sixty-five percent of the Litter Corp this year.
     Originally, the state informed all communities they would not fund
the Litter Corp Program this year.
    
    The Jamestown Soccer Association, in cooperation with the Special
Olympics, is planning a one-day soccer event at the Eldred Avenue field on
June 13d.
    
    The annual Meeting of the Jamestown Community Theater is scheduled for
June 12 at the Community Center.
     At least two more board members will be elected as well as new
officers.
    
    The dedication of the Kit Wright Nature Trail at Fort Getty took place
on Saturday, June 2nd.
     A tent provided by Bill Munger kept most of the forty people out of
the heavy rain.

    Tax Collection
    
    Attached is the Tax Collector's Report for the month of May.
    
    Building Inspector
    
    Sixty-nine permits were issued for the month of May.
     There were thirty-one building permits, including three new
dwellings.
    
    Fire
    
    Chief Christman reports there were twenty-four fire/rescue/public
service runs from May 21 through June 3, 2001.
    
    Administration
    
    Steve Goslee and I attended a meeting concerning the West Nile Virus.
     The state is recommending all communities implement an aggressive
public relations and outreach program for 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.
     Last year the Council approved the use of Altosid pellets in catch
basins throughout the Town.
     If the Council has no objection, I would like to continue with this
program this year.
    
    Approximately two months ago the public restrooms located next to the
community center were thoroughly steamed cleaned and all graffiti on the
walls and ceiling was removed. Once this cleaning was completed, and with
the busy boating season, the Town increased the cleaning schedule from
five to seven days a week.
     Within a month of this cleaning, the men's room was vandalized with
graffiti.
     Graffiti is extremely difficult to remove off wall and fixtures and
in most cases the cleaning compounds bleach out the color of the tiles on
the walls and floors.
     The continued vandalism and abuse of these restrooms has been ongoing
since the installation of them some years ago.
     I am going to review the current construction and operation of these
restrooms with the Public Works    Director and Building Inspector.
     I may budget funds in the 2002-2003 budget to reconstruct the
restrooms and recommend new procedures for access.

    I received the attached letter from School Committee member Betsy
Gooding.
     As I have done in the past, I will be more than happy to make Steve
Goslee and I available to assist the School Department.
    
    The pre-bidders conference for the Community Center landscape/drainage
project took place on June 7, 2001.
     A total of five bidders attended the meeting.
     Bids for this project are due on June 21, 2001.
    
    Attached please find a copy of the report you requested from Tax
Assessor, Sue Brayman.
     I have requested some additional information from Sue which will
assist the Council in their decision making process concerning our current
exemptions.
    
    For Council Consideration:
    
    Approval of the annual street paving list

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

a) Requested action by Council 

Road Paving and Sealing List

The Town Administrator informed the Council that this list is put together
using a paving maintenance software program, residence input, and field
inspection by the Public Works Department.
      The streets scheduled are as follows:

Paving List

Arnold Avenue, Columbia Avenue - south of High Street, Champlin Way, Cross
Street, Cutter Street, Grinnell Street - from Shady Lane to Narragansett
Avenue, North Road from Park Street to East Shore Road, Orient Avenue -
middle section, Pennsylvania Avenue - north of Bryer Avenue, Swinburne
Street from Valley to Douglas

Sealing List

Battery Lane, Bow - Seaside to Helm, Cole Street - south of High, Highland
Drive, Intrepid Lane, Marine Avenue, Newport Street, North Road - pole X
to pole Y, Starboard - Garboard to Buoy, Seaside Drive - Catamaran north,
Stern Street - Seaside to Helm, West Reach Drive #10 to #20 and #30 to #40

Councilor Willis asked to review the paving schedule from the previous
five years in addition to the next five years.
       It was the consensus of the Council that beginning next year, the
paving list be posted for thirty days prior to being brought before the
Council and that the schedule be advertised once its approved by the
Council.  

It was moved by Councilor Willis, seconded by Councilor Littman to approve
the paving and sealing list for 2001 as presented by the Town
Administrator.  So unanimously voted.

Letter of Condolence

Councilor Littman requested that the Town Council send their condolences
to the family of Ali Dunn Packer.

It was moved by Councilor Littman, seconded by Councilor Willis to direct
the Town Administrator to send a letter to be signed by each Council
member expressing the sympathy of the Town Council and the community.
      So unanimously voted.

2)   Jamestown School Committee

a) Letter requesting the appointment of a Council liaison  

It was moved by Councilor Willis, seconded by Councilor Long to appoint
Kenneth G. Littman as the non-voting Council Liaison to the School
Committee.  So unanimously voted.

3)   Tax Assessment Board of Review (one vacancy, term ending 6/2004)

a) Letter from Cliff Largess re: reappointment
b) Letter from Anne Maxwell Livingston re: reappointment of Cliff Largess 

It was moved by Councilor Long, seconded by Councilor Willis to advertise
for the available position on the Tax Assessment Board of Review.
      So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Willis to accept the
request for reappointment from Cliff Largess.  So unanimously voted. 

UNFINISHED BUSINESS

1)   Recommendations from the Town Solicitor (continued from 05/29/20010)

a) Issuance of Hawkers & Peddlers Licenses

Following a discussion on the recommendations from the Town Solicitor, it
was the consensus of the Council that in order to streamline the licensing
procedure, the Town Clerk would flag any license applications that would
require additional consideration by the Council, all other hawker and
peddler licenses could appear on the Consent Agenda.  

It was moved by Councilor Long, seconded by Councilor Willis to place the
hawkers and peddlers license applications on the Consent Agenda for
consideration by the Town Council.  So unanimously voted.

b) Procedure for Mooring Appeals to the Town Council from the Jamestown
Harbor Management Commission    

It was moved by Councilor Willis, seconded by Councilor Long to adopt the
mooring appeal procedures as outlined by the Town Solicitor.
      So unanimously voted.

The Town Council for the Town of Jamestown adopts the following standards
and procedures for hearing and deciding appeals from decisions of the
Jamestown Harbor Management Commission pursuant to Section 7 of the
Jamestown Harbor Management Ordinance:

1. Upon the timely filing of an appeal by any person aggrieved by a
decision of the Harbor Management Commission, made pursuant to Section
7(g) of the Jamestown Harbor Management Ordinance, the Town Clerk shall
compile and forward a complete record of the proceedings concerning that
decision and forward the record to the Town Council.
      The Town Clerk also shall place the appeal on the Town Council
Agenda and send notice to the Appellant, to the Harbormaster, and to the
Chairperson of the Harbor Management Commission.
      The notice shall specify the date, time and place that the appeal
will be heard by the Town Council and shall include a copy of these
standards and procedures for review.

2. At the hearing on the appeal, the Town Council will not substitute its
judgment for that of the Jamestown Harbor Management Commission as to the
weight of the evidence on questions of fact.
      The Town Council may affirm the decision of the Jamestown Harbor
Management Commission or remand the matter for further proceedings by the
Commission , or it may reverse or modify the decision if, by majority
vote, the Town Council finds that substantial rights of the appellant have
been prejudiced because the findings, inferences, conclusions, or
decisions of the Jamestown Harbor Management Commission are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the authority of the Jamestown Harbor Management
Commission as granted it by ordinance of statute;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative and substantial
evidence on the whole record, or

(6) Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.

3. At the hearing, the appellant will be given an opportunity to address
the Town Council and set forth the reasons, under the aforementioned
standards, why the appeal should be sustained.  The Harbormaster and/or a
representative of the Harbor Management Commission also should be allowed
to address the Council to explain why the decision should be affirmed. 
The purpose of addressing the Town Council is to assist the Council in
determining whether or not the decision of the Commission should be
affirmed, reversed, modified or remanded and the appeal hearing is not to
be a de novo hearing, evidentiary proceeding or general discussion the
Town's Harbor Management programs.

4. The Town Council will set forth in its motion affirming, reversing,
modifying, remanding, or ordering other relief the grounds, terms, and or
conditions upon which the motion is based.

5. The Town Clerk will mail a copy of the decision of the Town Council, as
recorded in the minutes of the meeting, to the appellant, the
Harbormaster, and the Chairperson of the Harbor Management Commission.

2) Allegra vs. Jamestown Harbor Management Commission - Appeal to Town
Council (continued from 05/29/2001)

Ms. Allegra informed the Council that her daughter was unable to attend
this evening.  

It was moved by Councilor Littman, seconded by Councilor Long to continue
the appeal to June 25, 2001.  So unanimously voted.

3)   Beavertail State Park Advisory Committee one vacancy exists term
ending 12/31/2002 if favorable appoint (see memorandum from Town Clerk)

a) Request to reappoint

i) Bertram Lippincott, III

b) Letters of interest

i)   Frank D. Meyer
ii) John R. Bernardo, III
iii) Linda A. Warner
iv) Herbert G. Rammrath

It was moved by Councilor Willis, seconded by Councilor Settipane to
appoint Linda A. Warner to the position on the Beavertail State Park
Advisory Committee, term ending 1231/2002.  So unanimously voted.

4)   Parking Solution for Downtown (continued from 05/29/2001)

a) Review of Parking Committee Charge (see memorandum from Town Clerk)
b) Consideration of establishing a Jamestown Traffic Committee

Councilor Littman, Council Liaison to the Parking Committee, reported that
the majority of the issues discussed by the Parking Committee dealt with
traffic situations.

It was moved by Councilor Littman, seconded by Councilor Willis to amend
the charge to include parking and traffic issues.  So unanimously voted.

Parking Committee Charge as amended by the Jamestown Town Council:

The Parking Committee will investigate parking and traffic issues in the
Town of Jamestown and make recommendations to the Town Council.
      This is an ad hoc committee that meets on an "as needed" basis at
the call of the Chair, and members are appointed without a specific term
length.

It was the consensus of the Council to continue discussion relating to
parking and traffic to the June 25, 2001 Town Council Meeting.

5)   Water Restrictions (continued from 05/29/2001)

The Town Administrator reported that the reservoir has been at full
capacity with some overflowing; however, the summer months can cause
evaporation whereby the reservoir capacity could drop considerably.
      It was the Town Administrators recommendation that water
restrictions are not lifted at the present time.  

Council Liaison Long concurred with the Town Administrator noting that
this is a serious situation that fluctuates and varies. No action taken.

6)   Town Solicitor re:  letters of interest 

a) James A. Donnelly      e) Moses & Afonso, LTD
b) Blish & Cavanagh    f) Cari & Offenberg
c) Eugene Coulter, Esq.      g) Hanson Curran, LLP
d) Ursillo, Teitz & Ritch, LTD  h) Robert E. Craven & Assoc.
i)   DeSimone & Leach

It was moved by Councilor Long, seconded by Councilor Willis to accept the
letters of interest and to begin the process to schedule interviews.
      So unanimously voted.

COMMUNICATIONS

1) Jamestown Zoning Board of Review Abutter (Town of Jamestown)
Notification:

a) Andrea Colognese & Doriana Carella located at 2 Watson Avenue, AP 8 lot
774

Councilor Littman expressed his concern with the Council discussing and
voting as an abutter to take a position for or against an applicant
without notice being sent to them of the Council's intention.
      Council President Settipane noted that the Council receives
notification as an abutter, as do all abutters.  

It was moved by Councilor Willis, seconded by Councilor Long to receive
abutter notification for the Town of Jamestown rather than vote in favor
or against the request for exception or variance.  So unanimously voted.

b) Paul P. Bentsen located at 26 Douglas Street, AP 8 lots 329, 441, 797

It was moved by Councilor Long, seconded by Councilor Littman to receive
the communication from Paul P. Bentsen.  So unanimously voted.

NEW BUSINESS

1)   Street Paving (per Town Administrator)

Previously addressed

2) Letter from Joseph Ducas re: Harbor Commission denial for a request to
move mooring

It was moved by Councilor Long, seconded by Councilor Willis to place the
appeal from Joseph Ducas on the agenda for the June 25, 2001 Council
meeting.   So unanimously voted.

3) Letter from the Visiting Nurses Services re: role of the Visiting
Nurses in RI

It was moved by Councilor Long, seconded by Councilor Willis to accept the
letter from the Visiting Nurses Services.  So unanimously voted.

4)   Sierra Club Political Canvassing

a)   Letter from Brian Henry re: Canvassing
b)   Memorandum of Law

It was moved by Councilor Long, seconded by Councilor Littman to accept
the communications regarding the Sierra Club Political Canvassing.
      So unanimously voted.

5)   Quonset/Davisville re: funding for Environmental Impact Statement
(EIS)

Previously addressed

6)   Letter from the Jamestown Striper Club re: Annual Fishing Derby

The Town Administrator informed the Council that she has a concern with
fishing at the reservoir because of the installation of an aeration
diffuser which could become damaged by fishing tackle.  

It was moved by Councilor Long, seconded by Councilor Willis to approve
the request from the Jamestown Striper Club for their Annual Fishing
Derby, subject to any regulations imposed by the Town Administrator and
the Director of Public Works.  So unanimously voted.

OPEN FORUM CONTINUED (if necessary)

Jill Anderson, West Reach Drive, informed the Council that there is a
great deal of non-resident parking at Head's Beach mid to late evenings.
      Ms. Anderson suggested putting this before the Parking and Traffic
Committee with consideration being given to sticker parking for that area.
       

The Town Administrator noted that because of the funding Jamestown
received for that area she believes that access cannot be limited to only
residents.
       However, the Town Administrator suggested that Jamestown beaches
could be closed at a particular time; thereby, limiting access to both
residents and non-residents after closing.
      It was the consensus of the Council that this be put on the agenda
for the June 25, 2001 Council meeting under parking and traffic.

EXECUTIVE SESSION

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

a)   Concerned Boaters vs. Town of Jamestown
b)   Stolarz vs. Town of Jamestown

It was moved by Council President Settipane, seconded by Councilor Willis
to enter into executive session at 10:35 PM, pursuant to RIGL
42-46-5(a)(2) litigation.
      The vote was, Council President Settipane, aye; Councilor Littman,
aye; Councilor Long, aye; Councilor Willis, aye.  The motion passed.  

The Council returned to regular session at 11:09 PM.
      It was moved by Councilor Willis, seconded by Councilor Long to seal
the minutes of the executive session.
       The vote was, Council President Settipane, aye; Councilor Littman,
aye; Councilor Long, aye; Councilor Willis, aye.  The motion passed. 

There being no further business, it was moved by Councilor Long, seconded
by Councilor Settipane to adjourn the regular meeting at 11:10 PM.
      So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk