TOWN COUNCIL MEETING
August 27, 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:

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

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
Douglas R. DeSimone, Esq., Town Solicitor
Arthur J. Christman, Fire Chief 
Lisa Bryer, Town Planner
Arriving later in the meeting were:
Brenda Dillman, Planning Consultant
David Pritchard, Harbor Management Commission Chair

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

  1. Bills and Payroll
        
  2. Copies of Minutes of Boards & Committee Meetings:                 a.
Zoning Board of Review (07/24/2001)                   b. Tax Assessment
Board of Review (08/01/2001)

  3. Abatements/Addenda of Taxes for August 27, 20012

It was moved by Councilor Long, seconded by Councilor Swain to accept the
Consent Agenda as presented.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT
  
1. Pursuant to RIGL 42-46-5(a) (5) acquisition of property

Council President Settipane announced that there would be an executive
session held this evening.

PUBLIC HEARINGS

None

OPEN FORUM

  1. Scheduled Request to Address  
                       a. Joan L. Dupee  

Joan L. Dupee, 159 North Main Road, addressed a complaint against her
having roosters on her property.
     Ms. Dupee informed the Council that her property was originally the
Maple Creek Farm and as such, has had farm animals on it for many years.
       The roosters in question have been on the property for
approximately 2 1/2 years.  

Council President Settipane noted that under present zoning, some farm
animals are allowed in an R40 zone (with more than one acre of land);
however, this issue is between two property owners and encouraged Ms.
Dupee to resolve any differences with her neighbor.  

Council President Settipane stated that there have been complaints of
noise related issues in the village area and elsewhere in the community.
      Because of these concerns, the Council is in the process of
conducting research to determine if there is a need to strengthen the
noise ordinance already in effect in the Town of Jamestown.
       It was announced that Council President Settipane and Police Chief
Tighe would be attending a workshop relating to noise in the community on
August 30, 2001.

2.   Non-Scheduled Request to Address 
  

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1. Town Administrator's Report (verbal)                 

The Town Administrator gave a verbal report indicating the following:

Appeals Relating to Statistical Update of Tax Assessment

There have been 38 appeals presented to the Tax Assessment Board of
Appeals.  

Public Works

Road oiling will begin in the next few weeks.

Recreation Department

Summer programs have wrapped up for the season.
      Mackerel Cove will close at the end of the day on Labor Day.
      There is a shortage of lifeguards at Mackerel Cove; surrounding
communities and RIDEM were contacted to assist the Town in their needs;
however, there are no lifeguards available.
      The area has been posted that no lifeguards are on duty.
      There will be lifeguards available for the Labor Day weekend.  

It was moved by Councilor Long, seconded by Councilor Swain to accept the
Town Administrator's verbal report.  So unanimously voted.

2. Town Planner re:  rerouting of easement relating to the Conanicut
Battery    

Reviewing her memorandum to the Town Council, the Town Planner noted that
in order to preserve the Conanicut Battery site and develop it as a
passive historic site, the Friends of Conanicut Battery and the Jamestown
Historical Society are requesting that the Council consider allowing the
access easement to be rerouted across Lot 39, a town owned lot, rather
than as presently routed across lot 11, which is also a town owned lot.
       The Town Planner noted that Mr. Ciampa, owner of lot 38, is in
favor of this relocation and would be responsible for development of the
new access driveway.
       It was also noted that the Town Planner would coordinate the
preparation of the new easement and the legal papers necessary to vacate
the existing easement. 

The Town Solicitor suggested that consent may be needed from the owner of
lot 42, unless the easement along lot 42 is on town owned property.
      With that consent, if necessary, and in agreement with the owner of
lot 38, the Town Solicitor noted that a relocation of easement could be
allowed.

It was moved by Council Swain, seconded by Councilor Littman to direct the
Town Planner to prepare a new easement to relocate the Conanicut Battery
access easement across the Town property for lot 39, accessing lot 38;
subject to the assent of the owner of lot 42, and Mr. Ciampa accepting all
expenses and costs for the improvement and the abandonment of the prior
easement.  So unanimously voted.

It was requested by the Town Planner that items #3 a and b under New
Business be discussed at this time.

NEW BUSINESS:

3.   Friends of Conanicut Battery     
                 
  a. Request for Council Liaison

The Town Planner noted that it is expected that the meeting schedule will
be every other month.
      It was moved by Councilor Settipane, seconded by Councilor Willis to
appoint Councilor Swain as the Council Liaison to the Friends of the
Conanicut Battery.  So unanimously voted. 

  b. Request to dedicate Conanicut Battery to the memory of Ed Connelly

In her request to dedicate the Conanicut Battery to the memory of Ed
Connelly, the Town Planner noted his diligent efforts to preserve the
Conanicut Battery on Prospect Hill, his love of history, deep respect for
the American soldier, and his commitment to making Jamestown a better
place.

It was moved by Councilor Willis, seconded by Councilor Littman that a
gateway sign be erected that says:

 Conanicut Battery at Prospect Hill
Historic Preservation Project
Dedicated to the memory of Edwin C. Connelly

So unanimously voted.

REPORTS continued:

  3. Jamestown Harbor Management Commission re:  National Boating
Infrastructure

     Grant (BIG) Program Proposal

Councilor Settipane requested that this item be held until David
Pritchard, member of the Harbor Management Commission is present.

  4. Town Charter Review Committee (vacancy for non-voting alternate
member); if favorable, appoint

a. Letter declining position from Jane Anthony

It was moved by Councilor Littman, seconded by Councilor Long to accept
the letter from Jane Anthony declining the appointment as an alternate
member of the Charter Review Committee.  So unanimously voted.

b.   Candidates (previously interviewed)
  
  i. Andrew Weiker                          ii.   Rena Tyson              
              iii.
      Howard Tighe                              iv.   Jill Anderson

Following a discussion on the remaining qualified candidates, it was moved
by Councilor Willis, seconded by Councilor Littman to appoint Rena Tyson
as the alternate member of the Jamestown Charter Review Committee.
      So unanimously voted.

It was the consensus of the Council that the alternate member will
participate in all meetings and would only vote if there were a member
missing from that meeting, similar to the Zoning Board of Review
alternates.  

Councilor Willis reminded everyone that these meetings are open to the
public and that the Charter Review Committee welcomes public input.

5. Water Resource Protection Committee re:  conservation of land

Ellicott Wright, Chair Pro-tem of the Jamestown Water Resource Protection
Committee reviewed the letter being sent out to owners of vacant land
located on Plat 16.
      He noted that this particular plat was targeted because it contains
critical wetlands and greenways.
      Council President Settipane commended the Committee in their efforts
to protect groundwater in the Shores area.
      It was noted that there are approximately sixty-three (63) letters
being sent out by the Water Resource Protection Committee.

UNFINISHED BUSINESS

  1. Reis vs. Jamestown Harbor Management Commission - Appeal to Town
Council
  a. Verbal request from Mr. Reis to continue to September 24, 2001
(written request to follow)

Council President Settipane announced that the Reis vs. Jamestown Harbor
Management Commission - Appeal to Town Council will be moved to the
September 24, 2001 Town Council meeting agenda.

2. Noise Abatement re:  review of ordinance (continued from August 14,
2001)

Town Council President Settipane read the current Noise Ordinance for the
Town of Jamestown; namely, Sec.
     11-13.
     Loud, unnecessary and excessive noises - Prohibited.  It shall be
unlawful for any person to make, continue or cause to be made or continued
any loud, unnecessary or unusual noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or
safety of others, within the town. (Ord. of 7-13-81,  1)

The Town Solicitor noted that this statute as stated above is extremely
broad and could be considered ambiguous and difficult to enforce. 

There was a general statement by Council President Settipane on the
various reasons that the issue of noise abatement has come about; some of
those being, increased popularity of the island, increased volume of
construction and remodeling of homes, and increased traffic and use of the
village area.  

In order for the Council to address these noise issues the Council
discussed the steps being taken to identify areas of concern relating to
noise.
      It was noted that Chief Tighe will be attempting to establish data
by tracking the level of noise which commonly occurs in Jamestown.
      Chief Tighe will be using a decibel meter to collect data and will
then forward a report to the Council for their review.
      It was moved by Councilor Settipane, seconded by Councilor Swain to
request that the Town Solicitor investigate  some of the existing
ordinances in other towns and assist the Council by working with the Chief
of Police and the Town Administrator to put a proposed ordinance together
for Council consideration.  So unanimously voted.   

3.   Board of Water and Sewer Commissioners re:  review of rules and
regulations (continued from August 20, 2001)

Council President Settipane noted that this was on the agenda in order to
discuss the standards that an applicant must meet when requesting an
expansion of use in the urban district.  

The Council addressed specific sections in the Rules and Regulations of
the Board of Water and Sewer Commissioners that are unclear.
       It was the consensus of the Council that as in Section 14A Urban
Water Districts (b), the requirements are not clear in what is expected
from the applicant.
      For example, under 14A, mention is made to an increase in
consumption of water; however, there is no reference to the basis for
average water consumption.
       Nor is there mention of what the ramifications are if consumption
is exceeded.   It was noted that if standards are made clear and
applicants understand what their requirements are, the Town would be able
to review water usage and act accordingly.  

Councilor Swain suggested gathering information relating to water usage of
commercial properties and the percentage of total water consumption used
by those commercial properties as it relates to residential consumption
(amount of residential land, residential water usage = average residential
usage vs. amount of commercial land, commercial water usage = average
commercial usage.)

It was the consensus of the Council that the Town Administrator work with
the Public Works Director on forms and to work with the Town Solicitor to
provide the Council with a working draft with regards to a rewrite of the
Section for expansion and extension of water uses.
       This will be continued on the Council agenda for further review and
to set a date for a work session.  

  4. GZA GeoEnvironmental re:  review of March and June reports (per
Councilor Willis) - reports previously supplied to Council

The Town Administrator informed the Council that representatives from GZA
GeoEnvironmental will be attending the September 10, 2001 Council meeting.

It was moved by Councilor Willis, seconded by Councilor Swain that this be
continued to the September 10, 2001 Town Council meeting.
      So unanimously voted.

HARBOR MANAGEMENT COMMISSION 

Mr. Pritchard arrived to discuss the National Boating Infrastructure Grant
(BIG) Program Proposal, as listed under Reports of Boards and Commissions.

Mr. Pritchard noted that through this grant program there is the
possibility that the Town could be awarded a grant of approximately
$20,000.00 to $30,000.00 to be used for the installation or upgrade of
transient tie-up facilities for recreational boats 26 feet or more in
length.
      The Harbor Management Commission would like to consider an addition
to docks at the Ft. Getty and East Ferry facilities; however, after a
review of projects, Mr. Pritchard noted that East Ferry may be removed
from the project list and replaced with another project.
      The grant states that the Town would be responsible for a 25% match
of funds.

Councilor Willis expressed her concern with applying for this grant and
then being bound by State guidelines for access to property owned by the
Town of Jamestown.  

Mr. Pritchard informed the Council that this is an application process and
does not bind the Town to accept these funds if the guidelines are
unacceptable.
      Harbor Management Commission is seeking permission to apply for
these funds only; the Council will have ample time to decide if they can
be used.  Applications must be submitted to the Rhode Island Department of
Environmental Management by September 10, 2001.

It was moved by Councilor Settipane, seconded by Councilor Swain to
authorize the Harbor Management Commission to apply for the National
Boating Infrastructure Grant Program, subject to final project approval
and acceptance by the Council and if approved, to provide 25% matching
funds as requested in the application.
      The vote was:  Council President Settipane, aye; Councilor Long,
aye; Councilor Littman, aye; Councilor Willis, nay.
      The motion passed with 4 in favor, one opposed.

5. Town Owned Property List (continued from August 14, 2001)

It was moved by Councilor Willis, seconded by Councilor Swain to request
that the Town Administrator provide the Council with surveys of any
properties on the Town facilities list that have surveys available.
      So unanimously voted.

6. Jamestown Onsite Wastewater Management Plan (draft)

The Town Planner informed the Council that it will be necessary to hold a
hearing on the Onsite Wastewater Management Plan prior to submission to
RIDEM for their approval.
      Brenda Dillman noted that she will contact RIDEM to determine the
proper format needed for their approval.  

It was moved by Councilor Long, seconded by Councilor Willis to hold a
work session on the Jamestown Onsite Wastewater Management Plan on
Thursday, September 13, 2001 at 7:00 PM at the Jamestown Philomenian
Library.  So unanimously voted.

Sav Rebecci inquired if the original Wastewater Management Ordinance was
properly advertised in the newspaper.
      Following input from Ms. Dillman and Councilor Swain, Council
President Settipane assured Mr. Rebecci that at the time of the hearings
on the ordinance, the Town Solicitor advised the Council that the changes
made to the ordinance at those hearings were not substantive in nature and
therefore, did not need to be re-advertised.
           

COMMUNICATIONS

  1. Jamestown Chamber of Commerce 

  a. Letter of Congratulations                       b. Letter re:  public
restrooms

It was moved by Councilor Swain, seconded by Councilor Willis to accept
the communications from the Chamber of Commerce.  So unanimously voted.

There was a discussion on the public restrooms at the Jamestown Community
Center.
      The Town Administrator informed the Council that there are certain
guidelines that must be met because Community Development Block Grant
funds were used.  Councilor Willis requested the warrant that provided the
funds for the restrooms.  

  2. Letter from RI Department of Transportation re:  work session
September 17, 2001 - Route 138 Bike Route

Council President Settipane announced that representatives from RIDOT will
be attending a work session to discuss the Route 138 Bike Route on
September 17, 2001 at the Jamestown Philomenian Library following the
Water and Sewer Commissioners meeting.

It was moved by Councilor Swain, seconded by Councilor Long to accept the
communication from RIDOT.  So unanimously voted.

3. Letter from RI Saltwater Anglers Association re:  fishing privileges

It was moved by Councilor Long, seconded by Councilor Swain to accept the
communication from RI Saltwater Anglers Association.
      So unanimously voted.

NEW BUSINESS

1. Bid Award re:  Southworth/Milton electrical generator $13,500.00 (sole
bid)

The Town Administrator informed the Council that the electrical generator
was budgeted for.
      It was moved by Councilor Long, seconded by Councilor Swain to award
the bid for the electrical generator to Southworth/Milton for an amount
not to exceed $13,500.00.  So unanimously voted.

2.   Jamestown Police Department re:  request for use of Ferry Square for
inspection of child car seats (September 8, 2001 from 10:00 AM to 2:00 PM)

It was moved by Councilor Swain, seconded by Councilor Long to accept the
communication from the Jamestown Police Department.  So unanimously voted.

Because the commercial area is still in the busy season at the time the
inspection is being planned, the Council discussed an alternate area for
the inspection.
      It was moved by Council President Settipane, seconded by Councilor
Swain to grant permission to hold a child car seat inspection event by the
Jamestown Police Department at either the Police Station or such other
Town owned parking lot that the Town Administrator may approve other than
the East Ferry Parking lot on September 8, 2001 from 10:00 AM to 2:00 PM.
      It was voted, Council President Settipane, aye; Councilor Long, aye;
Councilor Littman, nay; Councilor Swain, aye; Councilor Willis, aye.
      The motion passed with 4 in favor 1 opposed.

3.   Friends of Conanicut Battery  

a.   Request for Council Liaison
b. Request to dedicate Conanicut Battery to the memory of Ed Connelly

Previously addressed.

4. Request for permission re:  Ali Dunn Packer 5K Road Race (June 2, 2002
at 1:00 PM)

The Town Administrator suggested that this request be referred to
administration for coordination prior  to any vote by the Council.

It was moved by Councilor Willis, seconded by Councilor Swain to send the
letter of request to the Town Administrator for her input and to return to
the Council with that input.  So unanimously voted.

5.   One Day License Applications

Applicant        Date of Event     Location    Comments

Arthur Washburn, Jr.   09/02/2001     Ft. Getty Pavilion   No Liquor

It was moved by Councilor Willis, seconded by Councilor Littman to grant a
one day entertainment license to Arthur H. Washburn for September 2, 2001
at the Ft. Getty Pavilion.  So unanimously voted.

Applicant        Date of Event     Location    Comments

Donald Haskell      09/15/2001     Ft. Getty Pavilion   Insurance

It was moved by Councilor Swain, seconded by Councilor Long to approve the
one day entertainment license for Don Haskell for September 15, 2001 at
the Ft. Getty Pavilion.  So unanimously voted.

EXECUTIVE SESSION

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

It was moved by Council President Settipane, pursuant to RIGL 42-46-5(a)
(5) acquisition of property, to enter into executive session at 9:10 PM.
      It was voted, Council President Settipane, aye; Councilor Littman,
aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye.
      The motion passed.

The Council returned to regular session at 9:25 PM.
      It was moved by Councilor President Settipane, 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 Swain, aye; Councilor Willis, aye.
      The motion passed.

It was moved by Councilor Swain, seconded by Councilor Long to instruct
the Town Administrator to proceed in the process of acquiring property for
the Town.  So unanimously voted.

There being not further business before the Council, it was moved by
Councilor Willis, seconded by Councilor Swain to adjourn the meeting at
9:27 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk