TOWN COUNCIL MEETING
July 23, 2001

A regular meeting of the Jamestown Town Council was called to order at the
Melrose Avenue School, 76 Melrose Avenue at 7:10 PM by Council President
Guy J. Settipane.  The following members were present:

David A. Swain, Vice President
Kenneth G. Littman
Norma Willis
Absent:  David J. Long

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
James T. Murphy, Esq., Town Solicitor
Arthur J. Christman, Fire Chief

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS
  
1. Jamestown Country Club 100th Anniversary

Council President Settipane read proclamation #01-011P in celebration of
the 100th Anniversary of the Jamestown Golf and Country Club.
      It was moved by Councilor Willis, seconded by Councilor Littman to
accept the proclamation.  So unanimously voted.  

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items #1a and 2 be removed from the Consent Agenda.
      It was moved by Councilor Willis, seconded by Councilor Swain to
accept the Consent Agenda as amended.  So unanimously voted.

3.   Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission (06/06/2001)
b) Harbor Management Commission (06/13/2001)
c) Jamestown Quonset Davisville Liaison Committee (05/18/2001)
d) Jamestown Housing Authority (05/09/2001, 06/13/2001)

4. RICRMC 

a)   Engineering Signoff to Town of Jamestown re:  Potters Cove to
construct riprap revetment, conduct vegetative slope stabilization and
remove/replace two access stairways and regrade the permeable parking lot
b)   Corrected Notice of Public Hearing re:  Potters Cove repairs
c) Notice of Hearing re:  Designation of Public Right-of-Way in Jamestown
located on Tax Assessor's Plat 9, High Street
d)   Coastal Features Newsletter (Volume 9, Issues 3 and 4)

5. Invitation re:  Congressman Patrick J. Kennedy (Sunday July 29, 2001)

6. State of Rhode Island Statewide Planning Program - Jamestown Census
Information

7. Tax Assessor's Report - Abatement/Addenda July 19, 2001

**************************************************
1.   Adoption of Council minutes:

a) 07/09/2001 Regular Meeting

Councilor Littman requested that the July 9, 2001 minutes state the six
standards which the Council based its denial of the Allegra appeal on.
       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.  

Council President Settipane requested that the July 9, 2001 minutes be
corrected; page 2, 06/25/2001 minutes correction was incorrectly changed. 
The statement should read:  the Town Clerk had researched the past history
of the restaurant unit within the Bay View Condominium and found no
recording of the conditions and restrictions from the 1985 Zoning
Amendment hearings.

Councilor Swain noted a typing error on page 6; statue should be changed
to statute.
 
It was moved by Councilor Littman, seconded by Councilor Settipane to
accept the July 9, 2001 minutes as amended.  So unanimously voted.

2. Bills and Payroll

Councilor Willis requested additional information on the payment being
made to ICMA in the amount of $1,702.00.  The Town Administrator noted
that payment was for insurance deductible on an insurance claim.
      Councilor Settipane inquired about a payment made to Brenda Asher
Dillman AICP for planning services.
      The Town Administrator informed the Council that this is part of the
contract relating to the Onsite Wastewater Management Plan.
      Additionally, the Town Administrator noted that she expects to have
a draft of the Onsite Wastewater Management Plan to the Council in August.
      

It was moved by Councilor Willis, seconded by Councilor Littman to approve
the Bills and Payroll as submitted.  So unanimously voted. 

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that there would be an executive
session this evening pursuant to RIGL 42-46-5 acquisition of property and
litigation.

1. Pursuant to RIGL 42-46-5(a)(5) acquisition of property
2. Pursuant to RIGL 42-46-5(a) (2) litigation

PUBLIC HEARINGS

  None

OPEN FORUM

Council President Settipane invited comment from the audience.

1. Scheduled Request to Address
2. Non-Scheduled Request to Address

Anthony Simeone, Hull Street, addressed the Bike Path as proposed by the
Rhode Island Department of Transportation.
      Mr. Simeone presented a survey conducted by Brown University in 1996
on the East Bay Bike Path.
      He expressed great concern with the destination of the bike path and
the possibility of bikers riding through neighborhoods, increasing the
amount of traffic in the area thus adding to the hardships already created
by their proximity to the bridges.  

Arthur J. Christman, Windsor Street, informed the Council that it was his
understanding that the Jamestown-Verrazano Bridge is not American
Disabilities Act acceptable because of the steep grade.

Council President Settipane announced Council plans to hold a public work
session with Rhode Island Department of Transportation on issues relating
to the bike path and invited all citizens to attend.
      (Date to be announced.)

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1. Town Administrator's report

---------------------------------------- 
    Town Administrator Report

    July 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 began paving on Wednesday.
     I have attached the list of the roads to be paved in sequential
order.
     If any of the Council members are in the area of these roads, please
feet to stop by.

    The reservoir will most likely drop below twelve inches within the
next few days.
     This means the next level of water restrictions will be in place once
we have advertised the restrictions in the Jamestown Press, as required by
the water regulations.

    Recreation

    The opening reception for the CIAA annual art show is coming Wednesday
and the show continues until Monday July 30th.

    Local Architect Andy Yates referred Matt to a masonry contractor who
sells graffiti remover and resistant products.
     The new product removes the graffiti, yet does not appear to be as
abrasive as some of the other cleaning products the Town has used in the
past.
     The Recreation Department will remove the current graffiti and try
applying the resistant product to both restrooms.

    The Litter Corp started work on July 2nd and there is a noticeable
improvement in a number of areas throughout Town.
     After a recent weekend, the crew spent all day at Taylor Point and
removed over thirty huge bags of litter!

    Auditions for the Community Theatre's fall production of Peter Pan
were held last week.
     The cast for this production, like so many other productions, will
have between eighty and one hundred members.
     The Town of Jamestown is very fortunate to have volunteers like Mary
Wright and her crew, who's tireless effort provide such a wonderful
community theatre for our island.

    Library

    The long-awaited new sound system for the library has been installed.
If anyone is happy to see this system installed, it is Recreation Director
Matt Boles.
     In the past whenever the Council held a public hearing requiring
amplification, Matt had to lug and set up the system and take it down the
next day.
     The system was purchased with funds received from a Champlin Grant.

    The library held nine programs during the month of June with three
hundred-seventy-five attendees.

    Finance

    As stated in my last report to you, the annual audit for the Town has
been completed. Deputy Finance Director Tina Collins should be commended
for a job well done.
     Tina worked very hard to complete the Town's financial statements in
a timely manner.
     This allowed the Town to complete its annual audit well in advance of
the August 31st deadline.

    This year the Town realized an increase to the fund balance.
     This increase should allow the Town to budget a portion of the
balance for long delayed capital improvements in this coming budgeting
cycle.

    Planning

    Lisa reports the consultant working on the Wastewater Management Plan
anticipates having a draft of the Plan to Lisa by August 6th.
     The Wastewater Management Committee will meet in mid August to
discuss the Plan.
     Once the committee has finished reviewing the Plan, it will be
forwarded to the Council.

    Fire

    Chief Arthur Christman reports there were twenty fire/rescue/service
calls for the period of July 9 through 15th.

    Administration

    I received a phone call from Senator Jack Reed on Thursday July 18th.
     Senator Reed informed us the Senate Appropriation Committee passed a
bill, which included $450,000.00 for the pipeline from South to North
Reservoir.
     The Bill will now go before the House.
     To quote Senator Reed "You can start to chill the champagne, but
don't pop the cork yet." For your information I have attached the
Senator's press release.

    A resident of Walcott Avenue approached Representative Bill Murphy
concerning the condition of Walcott Avenue.
     Representative Murphy spoke to RIDOT and paving of Walcott Avenue
should take place sometime within the next few weeks.
     The Public Works Department will be assisting RIDOT with the purchase
and installation of the sewer caps.

    During a recent meeting with the Fire Department and Ambulance Corp,
it was decided a joint training session for both organizations would be
helpful.
     I contacted the Department of Health, who referred me to Charles
Aldrich, a former volunteer fire chief, for guidance.
     On July 24, 2001, Mr. Aldrich and I will be meeting with the Fire
Chief, the Ambulance Commander and Vice Commander to design a training
session that will be beneficial to both groups,

    For the past three months I have been working with the Personnel Board
to come up with an evaluation form for department heads.
     At the last meeting we completed the attached form.
     I anticipate using it to begin the process of prioritizing
responsibilities, monitoring results, evaluating department heads and
utilizing that information in giving out merit pay increases.

    Attached please find recent communications from Laszlo Siegmund.
     In light of the revised information, I have requested Siegmund &
Associates maintain professional liability coverage in the amount of
$2,000,000.00 and be responsible for the minimal cost for the additional
insurance.

    I have attached a memo received from Councilwoman Willis.
     In light of the fact the Town is looking to construct a new highway
barn and consolidating town offices, I recommend Council set up a date to
do a tour of all Town facilities.

    For Council Consideration:

    . Set a date to tour Town facilities 

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

Reservoir

The Town Administrator informed the Council that the reservoir is 14" down
and we will be publicizing the implementation of the next level of water
conservation measures, effective Thursday, July 26, 2001.

Restroom Facility

Councilor Willis addressed the public restroom facilities at the Community
Center.
      There were several suggestions on how to monitor the use of these
facilities.
      It was the consensus of the Council that the Town Administrator
should investigate the possibility of installing a twenty-four hour
surveillance camera in the immediate area of the restrooms.

Siegmund and Associates

The Town Solicitor and Town Administrator are expecting the contract with
Siegmund and Associates to be completed for review by the Council for the
next Town Council meeting in August.

Walcott Avenue

Paving of Walcott Avenue will be delayed until the drainage work has been
completed.  

Jamestown Water Supply

The Town Administrator noted that this grant would allow the Town to
contract the work out and to have the pipe installed underground.
      Council President requested that the Town Solicitor review the
language for this grant when it is received by the Town.
 
Personnel Board

The Town Administrator informed the Council that she will be working with
the Personnel Board to update the Policy & Procedure Manual for Department
Heads.  

It was moved by Councilor Willis, seconded by Councilor Littman to accept
the Town Administrator's report.  So unanimously voted.

2. Tax Assessment Board of Review (one vacancy, term ending June 2004;
duly advertised on June 15, 2001); if favorable, appoint

a)   Letter requesting reappointment from Clifton Largess
b) Letter of interest from Alerino M. Iacobbo

It was moved by Councilor Littman, seconded by Councilor Swain to
reappoint Clifton Largess to the Tax Assessment Board of Review for a term
ending June 2004.  So unanimously voted.

UNFINISHED BUSINESS
1. Jamestown Shores Beach/Heads Beach (continued from 09/09/2001)

a) Letter from Town Solicitor re:  proposed ordinance

The Town Solicitor, at the request of the Council, presented a draft of a
proposed ordinance for the purpose of opening discussion on the
possibility of regulating certain activities at the Jamestown Shores
Beach.
      The Town Solicitor informed the Council that because the Town of
Jamestown received a grant of Seventy-One Thousand Five Hundred Dollars
($71,500.00) in 1996 to purchase the Shores Beach property, that property
must be maintained for outdoor recreation purposes for the public or other
outdoor use, in perpetuity.
      If the Town is non-compliant with these conditions, that
non-compliance could result in the Town losing the property - which would
then revert back to the State (pursuant to Rhode Island Open Space and
Recreation Area Bonds Act).
       This property is also subject to a Recreation Easement from the
Department of Environmental Management.
      Additionally, the Town Solicitor noted that the Town must comply
with Title VI of the Civil Rights Act of 1964 and must be
non-discriminatory.
      The Town can reasonably limit the type and extent of use or areas
and facilities.
      The Town can charge an admission fee to residents and/or
non-residents; however, the fee charged to non-residents may not exceed
twice that charged to residents (if there is not fee for residents, a fee
may be charged to non-residents based upon comparable State or local
fees).  

There was discussion relating to the possibility of returning the grant
funds to the State thereby allowing the Town of Jamestown to regulate or
control that property.  

Following a lengthy discussion by the Council, it was moved by Council
President Settipane, seconded by Councilor Swain to request that the Town
Solicitor supply the Council with information and guidelines relating to
public swimming areas.
      It was moved and seconded to amend the motion to include a request
that the Town Administrator and Town Solicitor confer to identify swimming
areas and provide the Council with the Town's duties and obligations for
each area.   So unanimously voted.  

Additional information being requested is:  a) whether or not the State
owns the rock pier below the mean high tide line, b) whether or not the
Town can regulate access to it, and c) any information that can be
provided by CRMC relating to this issue.  

Councilor Willis informed the Council that the Parking Committee will be
providing the Council with information relating to the Jamestown Shores
Beach.

2. Town Solicitor selection process 

a) Memorandum from Ursillo, Teitz & Ritch, Ltd. re:  Proposed Solicitor's
Budget

It was moved by Councilor Willis, seconded by Councilor Settipane to
accept the memorandum from Ursillo, Teitz & Ritch, Ltd.   So unanimously
voted.

3. Board of Water and Sewer Commissioners (continued from 07/16/2001)

a) Sewer Treatment Plant Rehabilitation contract with Siegmund and
Associates

Previously addressed in the Town Administrator's Report.

b) Sewer Televising and Cleaning (meeting date for Commission to view
process)

The Town Administrator suggested that the Council meet at the Town Hall on
Friday, July 27, 2001 at 8:30 AM for a site tour.

4. Route 138 Bike Route Jamestown & North Kingstown RI 

a) Memorandum from Town Clerk re:  work session with Department of
Transportation

It was the consensus of the Town Council that a work session be held with
the Rhode Island Department of Transportation to discuss issues relating
to the Route 138 Bike Route on September 17, 2001 following the Board of
Water and Sewer meeting.  

5. GZA GeoEnvironmental report re:  test well results

The Town Administrator informed the Council that GZA is working on a
report to summarize the information presented to the Council.
      Councilor Willis requested that the maximum contaminate levels be
included in the report from GZA.  

It was moved by Councilor Willis, seconded by Councilor Swain to accept
the report from GZA GeoEnvironmental.  So unanimously voted.

6. Town Charter Review Committee (interview schedule continuing)

No action taken.

7. Town Buildings and Facilities Committee (interview schedule continuing)

No action taken.

8. Work Session Notice from Town Clerk (August 6, 2001)

It was the consensus of the Council that the notice for the work session
regarding beach access be broadened to include other known access points
that are maintained by the Town of Jamestown.

COMMUNICATIONS

  1. Letter from the Honorable Governor Lincoln Almond re:  Rhode Island
Small Cities Community Development Block Grant Program

It was moved by Councilor Willis, seconded by Councilor Swain to accept
the letter from the Honorable Governor Lincoln Almond.
      So unanimously voted.

NEW BUSINESS

1. Town Council Work Session with Jamestown School Committee (per Council
President Settipane)

Councilor Littman reported that the School Committee will begin budget
work sessions in October.
      Catherine Kaiser, School Committee Chair, informed the Council that
the first budget meeting will be held on October 4, 2001.
      It was the consensus of the Council that they attend the October 4,
2001 School Committee Budget Work Session.

OPEN FORUM CONTINUED

Councilor Willis requested that the Council hold a work session with the
firm that conducted the audit for the Town of Jamestown.
       It was moved by Councilor Willis, seconded by Council Littman to
invite James Nadeau & Company to a Council work session on September 10,
2001 at 7:00 PM.
       So unanimously voted.  In order to accommodate the work session, it
was moved by Councilor Swain, seconded by Councilor Littman to begin the
Town Council meeting at 7:30 PM on September 10, 2001.
      So unanimously voted. 

EXECUTIVE SESSION

1.   Pursuant to RIGL 42-46-5(a)(5) acquisition of property
2.   Pursuant to RIGL 42-46-5(a) (2) litigation

It was moved by Council President Settipane, seconded by Councilor Swain
to enter into executive session at 9:05 PM, pursuant to RIGL 42-46-5(a)(5)
acquisition of property and RIGL 42-46-5(a)(2) litigation.
      The vote was, Council President Settipane, aye; Council Vice
President Swain, aye; Councilor Littman, aye; Councilor Willis, aye.
      The motion passed.  

The Council returned to regular session at 9:40 PM.
      It was moved by Councilor Littman, seconded by Councilor Swain to
seal the minutes of the executive session.
       The vote was, Council President Settipane, aye; Council Vice
President Swain, aye; Councilor Littman, aye; Councilor Willis, aye.
      The motion passed. 

There being no further business, it was moved by Councilor Swain, seconded
by Councilor Littman to adjourn the regular meeting at 9:45 PM.
      So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk