TOWN COUNCIL MEETING
Melrose School All Purpose Room
Melrose Avenue
Monday, July 9, 2001
(as amended on July 23,2001)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:05 pm by Council
President Guy Settipane.  The following members were present:
David Swain, Vice President
Kenneth G. Littman
David Long
Norma Willis
Also present:
Maryanne Crawford, CPA, Town Administrator/Finance Director
Kimberly A. Turcone, Deputy Town Clerk
James T. Murphy, Town Solicitor
Thomas Tighe, Chief of Police

After the Pledge of Allegiance, there was a brief moment of silence for
Edwin Connelly who passed away on Tuesday, July 3, 2001.

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS
1) Citizen's Police Academy - Awards to instructors
Councilor Settipane introduced Chief Tighe to award the Certificates of
Completion for the annual Jamestown Citizen's Police Academy to the
following Jamestown citizens:
Christopher Curren
Frances DiZoglio
James Gary
Carlton Manchester
Mary Meagher
Molly Murphy
Marion Pierce
Catherine Rose
Jill Symons
Joan Thomas
Luanne Waugh
Terri Zippo
The Chief gave a special award to the honorable Judge Francis Darrigan and
Assistant Attorney General James Dube for their participation in the
program.
      He thanked all that participated in the 12 week program and thanked
the Town Council and Town Administrator for funding the program.  

2) Letter of Condolence
a)   Edwin Connelly 
Councilor Settipane asked that the Town Administrator draft a letter of
condolence for the Connelly family.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION   
None

CONSENT AGENDA
It was requested that items 1 & 2 be held from the Consent Agenda.
      It was moved by Councilor Long and seconded by Councilor Willis to
accept the Consent Agenda as amended.  So unanimously voted.

3)   Copies of Minutes of Boards & Committee Meetings:
a) Zoning Board of Review (05/22/01)
b) Jamestown School Committee (05/31/01)
c) Library Board of Review (05/15/01)
d) Tree Preservation & Protection Committee (10/17/00, 12/19/00, 01/23/01,
02/20/01, 03/20/01, 04/17/01, 05/15/01, 06/19/01)
4)   CRMC Notice:
a) July 2001 Calendar
5)   DEM Notice:
a) Notice of Proposed RI Pollutant Discharge Elimination Systems (RIPDES)
Regulation Amendments and Public Hearing
6)   Letter from Statewide Planning re: Land Use Policies and Plan 2010
7)   Resolutions from other Communities
a)   Resolution from the Town of Charlestown re: Container Port at
Quonset/Davisville
8)   Naval Station Newport Restoration Advisory Board Minutes from
06/20/01
9)   Abatements/Addenda of Taxes  
1)   Adoption of Council minutes:
a) 06/25/2001 Regular Meeting 
Councilor Littman noted that there was a correction to be made on page 5,
the final vote for the Proposed Zoning Amendment should read: Councilor
Willis, aye.   

Councilor Settipane also suggested that the minutes should state that the
Town Clerk had researched the past history of the restaurant unit within
the Bay View Condominium and found no recording of the data from the 1985
or 1995 Zoning Amendment hearings.

A motion was made by Councilor Willis and seconded by Councilor Littman to
approve the minutes as amended.  So unanimously voted.

2)   Bills and Payroll
Councilor Willis requested that the Town hold the bill from GZA until the
Town receives the lab results back.
      The Town Administrator stated that she would see if she could get
the results as early as the next day.

A motion was made by Councilor Swain and seconded by Councilor Willis to
accept Bills and Payroll.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT
None

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

July 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
    
    The Public Works Department has not had a full compliment of staff for
the past four months due to serious health conditions of a few staff
members.
     Thus far one employee has returned to work, but not on a full time
basis, and another is scheduled to go out for surgery in mid-July.
     Since the summer months are very busy with road repairs and paving, I
have authorized the Public Works Director to hire a temporary employee to
assist the department for the summer months.
     This is an unbudgeted expense.
     However, I believe it is in the best interest of the Town to hire
someone at this time.
    
    Recreation
    
    The Youth Litter and Conservation Corp is finally on the job and
making a difference especially at heavy spots like Taylor Point.
     The Town is fortunate to have Bonnie Jamison return as the supervisor
of the Corp.
     Under Bonnie's supervision, the Jamestown Litter Corp has been voted
the best Litter Corp in the state for the past two years,
  
    Preparations are underway for the Jamestown Community Theater Fall
production of "Peter Pan". Auditions will be held on July 17th and 18th.
    
    The first Summer Music concert is this Sunday July 8, at East Ferry.
     The series continues with concerts at Shoreby Hill Green and two more
at East Ferry. All concerts are from 6:30 PM to 8:00pm.
    
    The C.I.A.A. Annual Art Show moves into the Community Center on July
23rd.
     The show opens Wednesday evening July 25 and runs through Monday,
July 30.
    
    Finance
    
    The Town has received and reviewed the draft report of the annual
audit.
     The final report will be delivered the week of July 16th.
     This is well in advance of the state-required deadline of August 31,
2001.
    
    Fire
    
    Chief Arthur Christman reported there were seventeen fire / rescue /
service calls for the period of June 25 through July 2, 2001

    Library
    
    Kristen Williams has been hired as the new Children's Librarian.
     She began working on July 2, 2001.
    
    Building Inspector
    
    Seventy-five permits were issued for the month of June.
     There were forty-two building permits including eight new dwellings.
    
    Tax Collector
    
    Attached is the Tax Collector's Report for the month of June
    
    Administration
    
    The Conservation Commission is considering applying for a Trail
Improvement Grant from the RIDEM.
     Maximum grants won't exceed $ 100,000, with a twenty- percent local
match.
     If the commission does apply for the grant, council would be required
to sign off as part of the grant application.
    
    I have discussed the issue of the late night fishing at the Shores
Beach with Chief Tighe and Matt Bolles.
     We are all in agreement the best way to address this issue is to
prohibit people from going on the jetty at all times because it's a safety
issue.
     Secondly, we should consider adopting an ordinance that would close
both Mackerel Cove and the Shores Beach from sundown until 6:00am, as is
Beavertail, and Fort Wetherill State Parks.
    
    I attended the CRMC subcommittee hearing on the High Street right of
way. The subcommittee recommended to the full CRMC there was not enough
evidence to make High Street a public right of way.
     I have requested a copy of the subcommittee's recommendation, but
have not yet received it. 

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

a) Requested action by Council (see attached)
Councilor Littman questioned the hiring of a seasonal worker for the
Department of Public Works.
      The Town Administrator stated that the new worker would make
approximately $2,400.00 during the 6 week period.

Councilor Willis stated that she was pleased about the news regarding the
Town audit.
      She suggested that the Council hold a workshop to discuss the
finances for the upcoming budget season.  

Councilor Willis and the Town Administrator discussed the High Street
Workshop.
      The Town Administrator stated that she is waiting to see the
subcommittee's recommendation.
      Councilor Settipane requested that the Council receive that
recommendation as soon as possible so that the Town can state their
recommendation before the 30 day appeal process is over.
 
Councilor Settipane asked if the Police Chief had additional information
regarding fishing off the rock jetty at the Shore Beach.
      The Chief stated that his issues were mainly the safety concerns of
the people fishing late at night.
      He suggested a time restriction go in effect after sun down and last
until 6 am.
      Councilor Littman suggested that the Town Solicitor draft some
language regarding this issue.
      Councilor Settipane requested that this subject be moved to New
Business.

A motion was made by Councilor Willis and seconded by Councilor Long to
accept the Town Administrator's report.  So unanimously voted.

2)   Conservation Commission 
a)   Memo from Chair re: CRMC file #01-05-127 at Taylor Point
The Town Administrator reported that she has spoken with Chris Powell
regarding the memo.
      The Conservation Commission asked to have Jamestown fieldstone in
the bid specifications.
      Councilor Settipane asked that the Town Administrator and the
Commission Chair work in agreement but that the Town have the final
decision.  

A motion was made by Councilor Swain and seconded by Councilor Willis to
accept the memo from the Conservation Commission.  So unanimously voted.

3)   Tree Preservation & Protection Committee
a) Appeal from Joe Ducas
Councilor Settipane moved the matter to New Business.

  4) Quonset/Davisville Liaison Committee
     a) Letter from Dennis Webster
b) Copy of letter from RIEDC
c) Copy of letter from the Town Clerk to Allan Hodges
d) Copy of letter from the Town to the Board of Directors
Dennis Webster stated that other than what the Council has received for
the meeting he had no additional information.
      Councilor Settipane requested Councilor Swain and Mr. Webster work
together to draft a letter to send to the State with respect to the large
impact on Jamestown as the result of a container port located at Quonset
Point, contrary to Mr. Parsons statement.

A motion was made by Councilor Willis and seconded by Councilor Swain for
Councilor Swain and Dennis Webster to get together to discuss the issue
further and draft a letter to Mr. Parsons to be reviewed by the Council at
the next meeting.  So unanimously voted.

UNFINISHED BUSINESS

1)   Allegra vs. Jamestown Harbor Management Commission - Appeal to Town
Council (continued from 06/11/2001 and 06/25/2001)
a)   Copy of minutes from the Jamestown Harbor Management Commission from
05/09/2001
A copy of Dr. Allegra's attorneys letter (faxed 07/09/2001) and a copy of
the Jamestown Harbor Ordinance was hand delivered by the Deputy Town Clerk
to each Council member.  

Councilor Settipane asked if Dr. Allegra had anything to add.  Dr. Allegra
read her attorney's letter to the Council.
      Councilor Willis explained that the Council cannot hear any new
testimony that has not already been brought before the Jamestown Harbor
Management Commission.
      Mrs. Allegra reviewed the minutes submitted to the Council from the
Jamestown Harbor Management Commission.
      Councilor Settipane asked Dr. Allegra if the documents on file with
the Council (marked "Exhibit A") were familiar to her and that there were
no new documents that she was not aware of in the file.
      Dr. Allegra stated that all the documents were familiar to her. 
Councilor Settipane asked the Deputy Town Clerk to include "exhibit A" as
part of the file.

A motion was made by Councilor Littman and seconded by Councilor Willis to
DENY the appeal of Dr. Allegra based on the Procedures & Standards for
Town Council Review of Appeals from Decisions of the Jamestown Harbor
Management in the Town Solicitor's memo (dated 06/05/2001) and reiterated
from the minutes of the Jamestown Harbor Management Commission dated
05/09/2001:

In making their decision, the Council found that the Harbor Management
Commission was not 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 or stature, 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.

Findings
a) The Allegra's are not riparian property owners;
b) The Allegra's, as members of the Cottrell Pier Association, have deeded
water rights to land adjacent to harbor waters;
c) Section 2 of the Harbor Management Ordinance only grant Class 1
moorings to holders of deeded water rights in riparian waters.

So unanimously voted.  

2)   Route 138 Bike Route
a) Study Design Report
The Town Administrator suggested that the Council request to meet with the
State Department of Transportation for a workshop to discuss the bike
route.
      Councilor Settipane stated that the Shores area will be greatly
impacted by the bike route and suggested that the Town advertise in the
Press when the workshop will be held.
      The Town Administrator stated that she would work on some dates.

  3) Parking Committee
a) Appointment of a non-voting Council liaison
A motion was made by Councilor Swain and seconded by Councilor Littman to
appoint Councilor Willis as a non-voting Council liaison member to the
Parking Committee.  So unanimously voted.

  4) Town Solicitor's Position
     a) Letter from Edmund L. Alves, Jr.
     b) Letter from Kenneth L. Bond
A motion was made by Councilor Willis and seconded by Councilor Littman to
accept the letter from Edmund L. Alves, Jr. and Kenneth L. Bond.  So
unanimously voted.

COMMUNICATIONS

1)   Letter from the RI Economic Development Corp re: Quonset Davisville
Port and Commerce Park master plan
  2) Letter from Greg Stones: Beavertail Grill entertainment license
  3) Letter from George Tournas re: Outside entertainment
  3) Letter from Cynthia Levesque re: article in the Jamestown Press
A motion was made by Councilor Willis and seconded by Councilor Swain to
accept the 4 letters of Communications.  So unanimously voted.

NEW BUSINESS
1)   Tree Preservation & Protection Committee
a) Appeal from Joe Ducas 
Mr. Ducas addressed the Council and after some discussion the Town
Solicitor stated that it is not a matter for the Council to decide on.
      The Town Solicitor stated that it is in the State statute that the
Tree Warden makes the final decision in the appeal process.
      The Tree Committee can make a recommendation to the Tree Warden but
the Tree Warden has the final word.  

Councilor Settipane asked that Mr. Ducas bring his appeal to the Tree
Warden.

2)   Discussion re: Personal Watercraft vessels
Councilor Settipane reviewed the concerns in Mr. Bickford's letter
published in the Jamestown Press regarding the recent disturbances that
jet skis are having over the beach areas in Jamestown.
      Councilor Swain stated that the Jamestown Harbor Management
Commission has looked at the noise and safety issues of jet skis in the
past.  

The Town Solicitor stated that there is a statue statute that has been
adopted regarding personal watercraft safety and it is regulated by the
municipal Harbormasters around the State.
      The Town Solicitor stated that the statue touches upon the following
issues:
a) Personal water crafts cannot operate 1/2 hour after sunset to 1/2
before sunrise;
b) Personal water crafts must always be operated in a correct manner, no
jumping wakes or reckless behavior (as defined in the statue);
c) No one under the age of 16 can operate a personal water craft unless
accompanied by an adult or has taken an environmental course;
d) Personal water crafts must remain 200 ft. away from swimmers and divers
and must be at the slowest speed allowed by the craft when in such an
area;
e) Personal water crafts must travel in a path closest to their most
direct route and/or destination;
f) All persons operating a personal watercraft must wear the proper
floatation devices.
(the above mentioned are only portions of the statute)

The Town Solicitor added that the Harbormaster may patrol coastal areas
and is empowered to post signage for speed control, fines of $500.00 and
imprisonment of no more than 6 months can also be added.  

A motion was made by Councilor Willis and seconded by Councilor Swain to
refer the issue to the Town Administrator to communicate with the
Harbormaster for a recommendation in regards to the speed of personal
watercrafts in Jamestown harbor waters.  So unanimously voted.

Councilor Settipane stated that he would forward a copy of Mr. Bickford's
letter to the Town Administrator's Office.
      Mr. Bickford stated that he would like to see the speed limited and
not banned.

Tom Todd stated that the noise in the Mackerel Cove due to personal
watercrafts and cigarette boats is obnoxious.
      He stated that the boats just seem to idle all day and create a
great noise disturbance.  

The Council took Mr. Todd's comment under advisement.

3) Shores Beach
Councilor Settipane stated that the Town Administrator in her report
recommended closing the Shores Beach as well as Mackerel Cove Beach at
sundown and reopening at 6 am the following day to cut down on late night
fishing.
      Councilor Swain requested that the Council get a fair amount of
public input on this issue.
      Councilor Littman agreed with Councilor Swain's suggestion and asked
to think about the issue a little more.  

Councilor Willis shared the thoughts of Councilor Swain and Councilor
Littman and asked to hear from the public first.
      Councilor Long agreed and stated that this could be a touchy issue.
      Councilor Settipane stated that he agreed with the rest of the
Council and that since the bridge has been closed, many people fish off
the rock jetty at the Shores Beach.
      Because fishing is happening directly where children are swimming
this causes a large safety hazard along with late night fishing off the
rocks.

Bill Munger stated that he would like the 2 piers included in this
discussion at East Ferry.  

Richard Ventrone asked that Taylor Point also be included due to the
amount of garbage that has increased in the area.

Sav Rebecchi stated that maybe the rights-of-way on the island should be
cleared up and more "user friendly" for fisherman.
      So many rights-of-way look as if they are the property of abutters
and/or blocked.  Councilor Settipane asked Mr. Rebecchi to address the
Jamestown Harbor Management Commission with his concerns.

The Town Solicitor suggested that he draft some language for discussion
purposes only for the next meeting.
      The Town Administrator suggested that the Council hold a special
workshop on August 6th.
      The Council agreed to meet on August 6th to discuss the matter
further.
 
OTHER COMMUNICATIONS
None

OPEN FORUM CONTINUED (if necessary)
Jill Anderson stated that she was confused about the chain of command in
regards to the Tree Committee and Tree Warden.
      Councilor Settipane stated and the Town Solicitor confirmed that the
appeal process begins and ends with the Tree Warden.
      If she has any further questions, she may seek the advice of David
Nickerson the Town's Tree Warden.

EXECUTIVE SESSION
None

With no further business to be discussed a motion was made by Councilor
Long and seconded by Councilor Willis to adjourn the meeting at 8:50 pm.

Attest:

Kimberly A. Turcone
Deputy Town Clerk