TOWN COUNCIL MEETING

September 10, 2001

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library at 7:30 PM by Council President Guy J.
Settipane.  The following members were present:

David A. Swain, Vice President

Kenneth G. Littman

David J. Long

Norma B. 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

Present for presentation by GZA GeoEnvironmental were:

Joseph Unsworth, Project Manager

Edward Sommerly, Associate

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

  1. Robert Burns, Transfer Station Operator (deceased) recognition of
service and request for letter of condolence

It was moved by Councilor Swain, seconded by Councilor Long to compose a
letter of condolence to the family of Robert Burns with recognition of his
twelve years of service.  So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items 1. (a.) and (b.), 2. and 4 (a.) be removed
from the consent agenda.
      It was moved by Councilor Swain, seconded by Councilor Willis to
accept the consent agenda as amended.  So unanimously voted.  The consent
agenda consisted of:  

  3. Copies of Minutes of Boards & Committee Meetings:                 a.
Zoning Board of Review (07/31/2001)                   b. Tax Assessment
Board of Review (08/15/2001, 08/22/2001)

c. Planning Commission (08/01/2001)

d. Wastewater Management Sub-Committee (10/16/200)

  4. Coastal Resources Management Council 

b.   Notice of Policy and Planning Sub-Committee Meeting Cancellation

  5. Abatements/Addenda of Taxes for September 10, 2001

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

1.   Adoption of Council minutes:

a.   08/14/2001 Regular Meeting

b. 08/27/2001 Regular Meeting (see motion with item 4 a.)

Council President Settipane noted that on the Town Council minutes dated
August 14, 2001, item number 4, Town Charter Review Committee.
      Councilor Settipane requested that the motion to hold a paper ballot
be included in the minutes.
      This motion was inadvertently omitted from those minutes. 

It was moved by Council President Settipane, seconded by Councilor Swain
to resubmit the August 14, 2001 Town Council minutes at the next Town
Council meeting for approval.  So unanimously voted.

The minutes for the August 27, 2001 meeting were discussed; however, there
were no changes.

  2. Bills and Payroll

There was discussion on several areas of the bills and payroll with the
Council requesting information from the Town Administrator.
      That information being given, two items required additional
information; those being the bill under AMBULANCE from Quonset Auto Body
and the bill under PLANNING for consulting services from Brenda Asher
Dillmann.

It was requested that the Town Administrator look into whether this
vehicle has any warranty and if any of the repairs would be covered under
a warranty. 

It was moved by Councilor Settipane, seconded by Councilor Willis to
approve all bills and payroll with the exception of the bill from Brenda
Asher Dillmann, subject to presentment of an accounting for all hours of
services rendered with respect to billing that has been done in the past
and inclusive of the bill presented for the September 10, 2001 bills and
payroll before the Council.  So unanimously voted.

                          

  4. Coastal Resources Management Council 

  a. September 2001 Calendar

The Town Administrator informed the Council that she contacted CRMC to
find out the status of High Street.
      As of Friday, there has not been a meeting scheduled.  It was moved
by Councilor Swain, seconded by Councilor Long to accept the Town Council
minutes from the August 27, 2001 meeting and the Coastal Resources
Management Council September 2001 calendar.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

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

a. Ryng property/Land Trust

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

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

      September 10, 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 the three following union positions
opening Fire Department Dispatcher, Transfer Station Operator, and the
Carpenter.
     All jobs have been advertised and I anticipate having all positions
filled by the end of September.
    
    The reservoir is down twenty-four inches.
    
    Recreation
    
    The annual Jamestown Community Chorus Talent Show was held at the
Community Center on August 16,2001.
     Recreation staff was on hand to monitor the building and assist with
the set and breakdown.
    
    The summer concert program wrapped up on August 19 with the Jamestown
Community Band.
     The series was very successful with audiences averaging three hundred
people, except for two shows, which were held indoors.
    
    Matt Bolles is requesting the Council's approval of two grant
applications.
     The first is for the Eldred Avenue Soccer Field and the second for
signage to be located at a number of public access points on the island.
     Over the past few years the Recreation Department and the Jamestown
Soccer Association have been jointly pursuing grants to help fund the
reconstruction of the Eldred Avenue Soccer Field.
     As you can see by the attached letter from Matt, the matching funds
for the Eldred Avenue Soccer Field have already been budgeted. The
matching funds for the signage grant will be budgeted in next fiscal
year's    budget.
     I would recommend the Council support both these grant applications.
    
    Mackerel Cove Beach closed at 5:00 PM on Labor Day.
     Recreation staff has removed all beach equipment for the season.
     The temporary restrooms will be moved within the next week.
    
    Fire
    
    Chief Arthur Christman reports there were fifty-two fire/ rescue/
services calls for the period of August 6 through September 1, 2001
    
    Tax Collection
    
    Attached is the Tax Collector's report for the moth of July.
    
    Building Inspector
    
    Fred Brown reports seventy-eight permits were issue during the month
of August. Two certificates of occupancy were issued during the month.
    
    Administration
    
    As requested at the last Council meeting, I have attached the minutes
and warrant of the March 4, 1991 Annual Financial Town Meeting.
     This was the meeting where the funding for the Community Center
restrooms was approved. In order to provide additional clarification of
the CDBG funding and the requirements of the funding, I called Jeff
Gofton, Director of Municipal Affairs for the State of RI.
     I spoke to Jeff extensively about the Community Center outdoor
restroom project and funding.
     The CDBG funding is meant to fund projects associated with low-income
needs.
    
    Jeff remembered the project and informed me that the Federal
Regulations require any project funded with CDBG funds, cannot change use
for five years after completion of the project.
     I explained the Town was considering installing coin operated locks
on the outside of the restrooms, which were in part funded with CDBG
funds.
     He stated the installation of the coin operated locks does not really
change the use of the project, and, five years has passed.
    
    He does not see any indirect violations of the Federal Regulations by
installing the coin operated locks.
     While the Town will not be in violation of the Federal Regulations,
he did not however look favorably on the installation of coin operated
locks.
    
    I asked Matt to took into the cost to purchase the locks, which is
approximately $300.00 for each lock. Matt and I have discussed other
possible solutions such as increasing cleaning and the hiring of a
seasonal attendant to man the Community Center on weekends during the
summer months.
     An attendant during the summer months would allow visitors and
residents access to the lobby area of the Community Center, which includes
the restrooms, soda machine, maps and other information about the Town.
     The attendant will also be responsible for the cleaning of both the
inside and outside restrooms.
     The cost associated with a seasonal attendant will have minimum
impact on the Town's budget.
     Access to the restrooms from the inside of the community center would
allow the facilities to remain free, attended, and securely locked after
hours.
     I would like to continue exploring these options prior to the
installation of the coin locks    on the outdoor restrooms.
     However, if it is the Council's consensus to install these locks now,
I will have Matt order them

    I have briefly discussed with the officers of the Fire Department and
Ambulance Corp, the possibility of blending the rescue and transportation
services into one separate organization.
     I will be meeting with members of both organizations within the next
week.
     I would like to have one Council person join me in these meetings.
     If any of you are interested please let me know.
    
    Attached is a copy of a letter from Water Department employee Richard
Botelho.
     As stated in his letter, Mr. Botelho injured his back while on duty.
Some years ago the Union negotiated with the Town, if an employee is
injured while on duty, the Town would make up the difference between their
normal net pay and that amount they receive for worker comp.
     It was also negotiated that the Council could authorize continuing
this practice beyond the eight-week period.
     (For your information I have attached the article of the union
contract this applies to).
     In the past, similar requested came before previous Council, the
Council granted the request.
     Since it appears Mr. Botelho should be    returning to work within
the next month, I would recommend granting this request.
    
    The Town recently bid for the repairs to be completed at Taylor Point.
     The Town received four bids.
     The bid have been reviewed by project engineer Siegmund & Associates
who recommends awarding the bid to L. A. Patterson Inc. in the amount of
$43,603.00
    
    As you requested at the last Council meeting, the Public Works
Director with the assistance of the Town is locating surveys of Town owned
properties. Once we have this data I will forward it to the Council.
    
    Representative Bill Murphy would like to schedule a "Town Meeting" on
Saturday September 29, 2001 from 2:00 PM to 4:00 PM.
     at the Library.
     I will be in attendance and would like to know if any Council members
will be available to attend.
     Since September 29th is a tentative date, it can be changed to
another date.
    
    I will also be meeting with the Tax Assessor to finalize the
information you requested relating to tax exemptions.
    
    I have called CRMC on two occasions to see if a workshop for the High
Street right of way has been scheduled. To date a workshop has not been
scheduled.
    
    For Council Consideration:
    
    1) Award bid for the Taylor Point Project to L.A_ Patterson Inc in the
amount of 43,603.00

    2) Grant request of Richard Botelho 

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

a. Requested action by Council 

Fire Department and Ambulance Corporation

The Town Administrator requested a Council liaison to meet with the
members of the Fire Department and Ambulance Corporation regarding the
blending of rescue and transportation services.

Council President Settipane volunteered to participate in the meetings
with the Fire Department and Ambulance Corporation in an attempt to blend
rescue and transportation services.

Taylor Point Project

The Town Administrator informed the Council that funds have been budgeted
over the last two years for the replacement of riprap and installation of
new stairs at Taylor Point.
       There were several bids reviewed by the project engineer, Siegmund
& Associates with the bid from Patterson being recommended.

It was moved by Councilor Littman, seconded by Councilor Long to accept
the bid for the Taylor Point project from L. A. Patterson, Inc. in the
amount of $43,603.00.  So unanimously voted.

Town Meeting

The Town Administrator informed the Council that Representative William
Murphy has scheduled a tentative meeting date of Saturday, September 29,
2001 from 2:00 PM to 4:00 PM at the Jamestown Philomenian Library.

It was moved by Councilor Settipane, seconded by Councilor Swain to
endorse and approve the Town Meeting as coordinated and approved by the
Town Administrator.  So unanimously voted. 

2. Jamestown Parks and Recreation re:  grant application approval

a. Department of Environmental Management Recreation Area Development
Grant $40,000.00

The Parks and Recreation Director, Matthew Bolles, requested Council
approval to submit an application for a Department of Environmental
Management Recreation Area Development Grant in the amount of $40,000.00. 
These funds would be used for improvements to the John Eldred Recreation
Area soccer field.
      Mr. Bolles noted that the total cost of these improvements would be
approximately $90,000.00; however, there have been some funds previously
budgeted and some funds being committed from the Jamestown Soccer
Association.  

It was moved by Councilor Littman, seconded by Councilor Swain to approve
the application from Jamestown Parks and Recreation Department to the
Department of Environmental Management Recreation Area Development Grant
in the amount of $40,000.00 to be used for repairs to the John Eldred
Recreation Area soccer field.  So unanimously voted.  

b. Department of Environmental Management Recreation Development Small
Grant $4,110.00 

Mr. Bolles informed the Council of the need for clear signage informing
the public of litter and parking rules and to encourage the proper use at
several of Jamestown's public shoreline access points.
      Mr. Bolles further explained that it is his intention to provide
signage in to educate the public about shoreline wildlife, plants and
history.
      The Council was assured that these signs would be in several
languages.
      The grant application is for $4,100.00 with the Town providing a
fifty percent match.

Council President Settipane noted concern from some residents that some of
these signs would be located close to residential properties.
      Mr. Bolles informed the Council that the signs are being planned for
heavily used right of way areas such as Park Dock, Taylor Point, Potter
Cove, Shores Beach, Hill Cove, Sheffield Cove, Mackerel Cove and Fort
Getty.  

It was moved by Councilor Swain, seconded by Councilor Littman to endorse
the grant proposal by the Recreation Department for signage.
      So unanimously voted.

The Council continued discussion on the Town Administrator's report.

Richard Botelho, Water Department Employee

Prior to any discussion on Mr. Botelho's request, Council President
Settipane requested the Town Solicitor's opinion on whether or not this
issue could be discussed in a public forum or if it should be discussed in
executive session.
      The Town Solicitor informed the Council that it was his opinion that
this should be discussed in executive session, inviting Mr. Botelho to be
present.

It was moved by Councilor Settipane, seconded by Councilor Swain to
continue this matter to executive session at the next scheduled Town
Council meeting on September 24, 2001.  So unanimously voted. 

Public Works

Following Council discussion, it was suggested that the Town Administrator
review the issue with the Town Solicitor to see if there is a possibility
of holding off on filling any of these positions. 

UNFINISHED BUSINESS

Council President Settipane requested that Unfinished Business be held
until the end of the Council meeting.

1. GZA GeoEnvironmental re:  informational presentation to Council

COMMUNICATIONS

1. Petition requesting discontinuation of emergency alarm/whistle system

It was moved by Councilor Long, seconded by Councilor Willis to accept the
communication regarding the emergency alarm/whistle system.
      So unanimously voted.

The petition, signed by 60 residents, was read into the record.  

We, the undersigned, residents of Jamestown, Rhode Island would like you,
our Town Council, to consider our plea regarding the fire and EMS whistle.
      Being that the primary reason for the whistle was to notify a body
of volunteers made up of good citizens of Jamestown, who were working far
and wide within the community and therefore needed to know the nature and
location of emergencies and lacking technology that could quickly alert
them of such, a system of whistles was established.  This system has
worked well in the past and has established itself as a long-standing
tradition in most cities and towns.

Being that now all personnel and staff hold beepers which give emergency
location prior to the whistle, being that response is immediate due to new
technologies, discontinuing a whistle system that is now redundant
notification and poses a noise nuisance to all nearby, seems to be the
better and logical solution.

Knowing that all systems may fail and if for any reason a lack of response
or less than needed response to any one emergency is found then we wish to
have the whistle still available for such calls.

Appreciating the long and sometimes thankless hours that all our EMS
people put in for the good of the people of Jamestown this petition in no
way wishes to stir any bad will.
      We, as neighbors, close to the whistle wish only to come to some
sort of amicable solution.  Thank you.

 Council President Settipane opened discussion relative to the emergency
alarm/whistle system.

Speaking in favor of the petition requesting discontinuation of the
emergency alarm/whistle system were the following residents:

Victoria Hellewell, Grinnell Street

Michael Muksian, 4 Grinnell Street

Donald Bresnan, 10 Coronado Street

Joseph Hyde, 6 Coronado

Cathy Wessells, 17 Grinnell Street

William Sheehan, 20 Elm Street

Richard DeTerra, Grinnell Street

Paul Levesque, 37 Coronado Street

Council President Settipane called on Fire Chief Arthur Christman for
comments.
      Chief Christman informed the audience that the horn is an integral
part of the emergency system and as such, cannot be eliminated.   Chief
Christman noted that there have been past attempts to make changes to the
noise level of the alarm; however, mechanically they were unsuccessful.
      Chief Christman further noted that the Jamestown Fire and Rescue
personnel are volunteers with many working on the water and throughout the
community and cannot always rely on the carried paging system.

It was moved by Council President Settipane, seconded by Councilor Swain
to direct the Town Administrator to meet with the Fire Chief and to
explore options of how we can continue proper notice to the community in
an emergency situation to the Fire Chief's satisfaction and at the same
time address some of the complaints that have arisen from the neighborhood
concerning the noise.  So unanimously voted.

2. Letter from Harrison M. Wright re:  beach regulations

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

It was moved by Councilor Littman, seconded by Councilor Willis to refer
the communication from Harrison M. Wright dated August 28, 2001, to the
Town Solicitor for review.
      Council President Settipane moved to amend the main motion to
instruct the Town Solicitor to report back to the Council with any
comments for modifications.
        The motion to refer the communication from Harrison M. Wright
dated August 28, 2001, to the Town Solicitor for review and to report back
to the Council with any comments for modifications was seconded by
Councilor Willis.  So unanimously voted. 

NEW BUSINESS

  1. One Day License Applications - Peddler and Entertainment 

Applicant        Date of Event     Location    Comments

Jamestown Chamber      09/29/2001     Veteran's Memorial   10:00 AM -

of Commerce*                 Square         3:00 PM

*request to waive fee

Council President Settipane and Councilor Swain recused themselves from
any discussion and decision relating to the Chamber of Commerce.  

It was moved by Councilor Long, seconded by Councilor Littman to approve
the One Day License application for the Chamber of Commerce on September
29, 2001.  The motion passed with three in favor and two abstaining. 

UNFINISHED BUSINESS

GZA GeoEnvironmental

Edward Sommerly presented an overview of the project to test and monitor
the former landfill site.
      The first phase was the field investigation which commenced in the
Fall of 2000 with the installation of six new groundwater monitoring
wells; GZ-1, GZ-2, GZ-3, GZ-4, GZ-5 and GZ-6.
      Also, installed were fourteen vapor monitoring probes around the
perimeter of the facility.
        Department of Environmental Management Regulations specified
compliance around the boundaries of the property.
       There were also forty shallow test pit excavations across the
entire facility; their goal was to delineate the waste within the landfill
and to evaluate the cover thickness.
       Test results were given for December 2000, March 2001 and June
2001.
     The results were presented in a voluminous document and are available
for the public.

Mr. Sommerly went on to review the "Summary of Analytical Results -
Groundwater" relating to the testing at the former landfill.
      It was noted that three rounds have been completed with favorable
results.
      These results showed that groundwater below the landfill meets
E.P.A. drinking water quality standards.   Surface water testing shows
that there are no contaminant levels above any of the acceptable
standards.
      Mr. Sommerly noted that arsenic was detected in SED1 and SED4;
however, because this was background location and was higher than the
onsite location, it was believed that those results were reflective of
background conditions in the area and were not related to any conditions
on the site.
      It is thought that this land may be required to have Commercial Use
Restrictions by DEM.  

 Mr. Sommerly reported that Lot 47 well test proved to meet Federal and
State drinking water standards.  

Joseph Unsworth reinforced the information provided by Mr. Sommerly and
included  some additional technical results.
      Mr. Unsworth noted that there were some areas where the test results
were higher; however, as Mr. Sommerly reported, this is a result of newly
installed wells and has shown to lower on later testing.  

Following some questions and answers, the presentation ended at 9:50 PM.

EXECUTIVE SESSION

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

b. Ryng property/Land Trust

It was moved by Councilor Long, seconded by Councilor Swain, pursuant to
RIGL 42-46-5(a) (5) acquisition of property, to enter into executive
session at 9:50 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 10:10 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 Long, seconded by Councilor Willis to authorize
the Town Administrator to consummate negotiations with the Land Trust
regarding the request for $100,000.00 towards the Land Trust acquisition
of the Ryng property.  So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to
accept the additional names submitted by petition relating to the
rescue/fire emergency whistle.  So unanimously voted.

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

Attest:

Arlene D. Kalooski

Town Clerk