TOWN COUNCIL MEETING
September 24, 2001

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library 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
Absent:  Norma B. Willis

Also present were:
Arlene D. Kalooski,, Town Clerk
Douglas R. DeSimone, Esq., Town Solicitor
Thomas P. Tighe, Police Chief
Arthur J. Christman, Fire Chief
Christopher Powell, Conservation Chair
Dennis Webster, Quonset Davisville Liaison
Julio DiGiando, Harbor Management Commission

Maryanne Crawford, CPA, Town Administrator/Finance Director arrived at
8:40 PM
Matthew Bolles arrived at 7:30 PM

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS
     
1) Resolution re:  Terrorist Attack (per Council President Settipane)

It was moved by Councilor Littman, seconded by Councilor Swain to pass the
resolution against the terrorist attack as drafted by the Town Clerk.
      So unanimously voted.   The Resolution is as follows:

TOWN OF JAMESTOWN
RESOLUTION
        01-012R

WHEREAS:   On the morning of September 11, 2001, thousands of innocent
Americans and hundreds of foreign visitors were killed or injured due to
the cowardly, barbaric and evil acts of a group of terrorists when they
hijacked four commercial airliners with intentions of using them as
weapons of mass destruction; and

WHEREAS:   In addition, countless Americans and foreigners have been
affected directly by the loss or injury of a loved one; and

WHEREAS:   It was the intent of these terrorists to intimidate, humiliate
and paralyze the United States in front of the world community by their
attack on the World Trade Center, the Pentagon, and other symbols of our
Government and our people; and

WHEREAS:   These terrorists have gravely miscalculated and underestimated
the will of the American people.
      We stand united as a Nation, not only to begin the process of
healing and rebuilding, but to bring the perpetrators of this heinous
crime to justice; and

WHEREAS:   This nation has been awed and inspired by the bravery and
courage exhibited by the heroic actions of the rescue workers, police
officers, firefighters, volunteers, and federal, state and local officials
who responded to these tragic events with determination, resolve and
compassion; and

WHEREAS:   During this time of immeasurable travail, we as citizens of
this great nation, should reflect upon the values and freedoms we hold so
dear to our hearts.
      America stands as a beacon of liberty and freedom to the world,
where people are free to speak as they wish, practice the faith of their
choice, and to assemble and associate with whomever they choose.
      It is precisely these cherished freedoms that some evil cowards in
the world fear and hate so much that they resorted to the barbaric acts of
September 11, 2001; and

WHEREAS:   The spirit of America cannot and will never be broken.
      Just as the greatest generation endured the attack on Pearl Harbor,
we today gladly accept the torch of liberty, freedom and democracy that
our forefathers have passed to us.
      We will defend those freedoms and prevail over our enemies.
      The raising of the flag at Ground Zero by our brave firefighters
shall inspire this generation of Americans to defeat terrorism and all
enemies of freedom; now therefore be it

RESOLVED that the Jamestown Town Council hereby:

(1) condemns in the strongest possible terms the terrorists who planned
and carried out the September 11, 2001 attacks against the United States
as well as their sponsors; and
(2) extends its deepest condolences to the victims of these heinous and
cowardly attacks, as well as to their families, friends and loved ones;
and
(3) commends the heroic actions of the rescue workers, police officers,
firefighters, volunteers, and State and local officials who responded to
these tragic events with courage, determination, and skill; and
(4) stands in solidarity with all Americans in support of the President
and the Congress as our Nation begins the process of recovering and
rebuilding in the aftermath of these tragic acts; and be it further

RESOLVED, that the Town Clerk of the Town of Jamestown is hereby
authorized and directed to transmit a duly certified copy of this
resolution to the President of the United States of America, and the
entire Rhode Island Congressional Delegation.

BY ORDER OF THE JAMESTOWN TOWN COUNCIL
Guy J. Settipane, Town Council President
David A. Swain            David J. Long
Kenneth G. Littman           Norma B. Willis

2) Request for letter of condolence to the family of Mary Levesque

In recognition of the years of service to the Jamestown community, it was
moved by Councilor Long, seconded by Councilor Littman to instruct the
Town Clerk to send a letter of condolence to the family of Mary Levesque.
      So unanimously voted. 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items # 4 and 5 (a) be removed from the consent
agenda.
      It was moved by Councilor Long, seconded by Councilor Swain to
accept the consent agenda as amended.  So unanimously voted.  The consent
agenda consisted of:  

1) Adoption of Council minutes:

a)   08/14/2001 Regular Meeting 
b)   09/10/2001 Regular Meeting

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Library Board of Review (07/24/2001)
b) Planning Commission (08/15/2001)
c) Affordable Housing Committee (08/14/2001)
d) Charter Review Committee (08/23/2001)
e) Tax Assessment Board of Review (08/29/2001, 09/04/2001)
f) Housing Authority (05/09/2001, 07/18/2001)
g) Tree Preservation & Protection Committee (07/17/2001, 08/21/2001)

6) Costal Feature Vol. 10, Issue 1

7)   Letter from the Department of Health re: emergency contact numbers

*****************************************   
4)   Letter from the Reapportionment Commission re: meeting schedule

Council President Settipane noted the importance of the meetings to
discuss the redistricting of the 150 seats in the General Assembly and the
two United States Congressional seats.
      Council President Settipane announced that the next meeting date for
the Commission would be September 25, 2001 at 7:00 PM at the Newport City
Hall.

5)   Resolutions from Other Municipalities:

     a) Smithfield re: Terrorist Attack

Council President Settipane recognized the Resolution condemning the
terrorist attack in New York passed by the Town of Smithfield.

It was moved by Council President Settipane, seconded by Councilor Littman
to accept items # 4 and 5 (a) from the Consent agenda.
      So unanimously voted.

EXECUTIVE SESSION

Council President Settipane announced that there would be an executive
session pursuant to RIGL 42-46-5(a)(2) collective bargaining at the end of
the meeting.

1)   Pursuant to RIGL 42-46-5(a)(2) (collective bargaining) IBPO Local 305

PUBLIC HEARINGS

None

OPEN FORUM

1. Scheduled Request to Address

None
                    
2. Non-Scheduled Request to Address   

Arthur J. Christman, Fire Chief presented 5 1/2 pages of names of citizens
wanting to keep the fire alarm.
      Chief Christman informed the Council that he is expecting to present
additional signatures for the fire alarm to the Council.  

It was moved by Councilor Settipane, seconded by Councilor Long to accept
the signatures under advisement.  So unanimously voted.

Chief Christman informed the Council that, as the Council requested, he
investigated the fire alarm/whistle and found that the only way the alarm
can be heard by the volunteers is by using a high/low pitch due to the
atmospheric conditions on the island.
      This information was provided by Grinnell, the designer of the
whistle.  

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report 

-----------------------------------------------    
  Town Administrator Report
  September 24, 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 level of the reservoir continues to drop.
     The current level is 33 inches below the spillway.
     Once it drops to thirty-six inches below the spillway we will be at
the next level of conservation which will prohibit all outdoor watering of
flowers and vegetable gardens.
    
    Road oiling which was scheduled to begin on September 24, 2001 will be
move back to October 9,,2001.
     Road oil can not be delivered until the beginning of October.
    
    Recreation
    
    The Fort Getty Gatehouse staff and night monitor are the only
remaining summer seasonal workers.
     Fort Getty officially closes on October 1, 2001
    
    Planning and preparation continue for the annual Jack-O-Lantem log,
5k-road race.
     This race will take place on October 28, 2001.
     Proceeds from this event will go the Community Center Restoration
Fund.
    
    Adult (over thirty-five) basketball will begin on Wednesday evening,
September 26d' at the Lawn Avenue gym.
    
    Rehearsals for Peter Pan are in full swing three times per week.
    
    Pimming
    
    The Planning Commission voted to form a sub-committee for the high
groundwater table ordinance.
     The committee consists of Councilman David Swain, Conservation
Commission member Tom Johnson, Planning Commission Member Sue Barker and
Town Planner Lisa Bryer.
    
    PAL, the firm hired to conduct a Phase I archeological assessment for
the Narragansett Improvement Project has begun the research portion of the
assessment.
     Once the assessdient has been completed, the Town can move forward
with the final design of the Downtown Improvement Project.

    Fire
    
    Chief Arthur Christman reports there were twenty-six
fire/rescue/service calls for the period of September 9th through
September I 6th.
    
    Administration
    
    The construction project at Taylor Point began on September 18, 2001
and the contractor anticipates completing the project in early October.
     The West Ferry project is nearly complete.
     If everything stays as scheduled with the weather cooperating, the
project will be completed by the middle of October.
    
    Representative Murphy will hold a Town Meeting at the library on
September 29, 2001 from 2:00pm to 4:00pm.
     Representative Murphy invites all Council members to attend.
    
    Attached please find the survey you requested.

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

 The Town Administrator's report was read by Council President Settipane.
      

Planning Commission (sub-committee)

Councilor Swain noted that the sub-committee put together to address the
groundwater table ordinance has met and the preliminary discussion
indicates that there could be a special use permit process attached to the
Zoning Ordinance specifically for development within high groundwater
table areas.
        It is expected that a draft ordinance will be discussed with the
Town Solicitor.

Taylor Point Project

Christopher Powell, Conservation Commission Chair, expressed some concerns
relating to the Taylor Point Project.
      Mr. Powell reported that he was not consulted as previously directed
by the Council, regarding the particular type of stone selected for the
project.
      Mr. Powell indicated that although the granite stone selected should
look okay, it is not native to the area.
       Mr. Powell suggested that the thirty (30) rosa rugosa plantings
will not be enough and requested that the Council consider additional
plantings.
       Council President Settipane suggested that Mr. Powell coordinate
additional plantings with the Town Administrator.

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

2)   Tree Preservation and Protection Committee 

a) One vacancy exists, term ending 01/31/2004; if favorable appoint a
member to the Committee

i) Bob Dolan
ii) Carl Beckman
iii) Carolyn N. Armington
iv) Hanne Calcina (letter of interest received late) 

Following a general discussion of the qualifications of the applicants, it
was moved by Council President Settipane, seconded by Councilor Littman to
appoint Carolyn Armington to the Tree Preservation and Protection
Committee.
       The vote was Council President Settipane aye; Councilors Swain,
Long, and Littman voting nay.  The motion did not pass.
It was moved by Councilor Long, seconded by Councilor Swain to appoint Bob
Dolan to the Tree Preservation and Protection Committee.
      So unanimously voted.

3)   Town Buildings & Facilities Committee

b) Status of Carl Bednarczyk

Councilor Littman informed the Council that Mr. Bednarczyk has not
attended any of the committee meetings, although, the chairperson has
attempted to contact him on several occasions.
       Mr. Bednarczyk indicated to Councilor Littman that he was unable to
serve as an alternate on this committee.  

It was moved by Councilor Long, seconded by Councilor Swain to terminate
the appointment of Mr. Bednarczyk as an alternate on the Town Buildings &
Facilities Committee and to request the Town Clerk put this on the agenda
for the next Council meeting on October 9, 2001 for an appointment from
among the remaining original applicants.  So unanimously voted.  
4)   Jamestown Quonset Davisville Liaison Committee:
a) Letter from Dennis Webster re: Master Plan

Dennis Webster, Jamestown Quonset Davisville Liaison Committee Chair
informed the Council that the Economic Development Corporation (EDC) will
be holding a public hearing on the final draft of the Master Plan tomorrow
at 6:30 PM.
       Additionally, Mr. Webster stated that the liaison committee would
have a draft letter with written comments for the Council's consideration
prior to the next Council meeting.
       Mr. Webster suggested that a meeting be set up with the EDC staff
before the October 12, 2001 deadline for comments to be submitted.  Mr.
Webster requested permission to coordinate that meeting through Councilor
Swain and the Town Administrator.  

  5) Town Clerk 

a)   memorandum re:  RI State House Celebration 10/15/2001

It was moved by councilor Swain, seconded by Councilor Littman to approve
the request to have the Jamestown Flag placed in the cornerstone of the
new State Capitol by Jamestown resident James McLoughlin.
      So unanimously voted.  Councilor Swain suggested that a piece of the
old Jamestown Bridge be included with the flag.

b) memorandum re:  School Committee Budget Work Session

No action taken.

UNFINISHED BUSINESS

1) Reis vs. Jamestown Harbor Management Commission Appeal to Town 

Councilor Settipane requested that the Reis appeal be held until later in
the meeting.

2) Council Review of the Beavertail Grill Entertainment License

Council President Settipane requested that the review of the Beavertail
Grill entertainment license be held until later in the meeting.

3) Route 138 Bike Path

In the Council's discussion relating to the Route 138 Bike Path, the
following concerns were expressed:

* North Road should not be made any narrower than it already is;
* Restriping and widening of North Road could create a disturbance to the
wetlands on the 
West side of that road;
* Installation of any barriers could create a disturbance to the
aesthetics of the area;
* The bridge is not ADA approved because of the pitch of the rise;
* The possibility of narrowing the roads causing a danger to bicyclists.

Some suggestions made were:

* Using East Shore Road as a route for the bike path; thereby avoiding the
choke points on North Road and further protecting the watershed in that
area;
* The possibility of the State working with the Town on the east side of
North Road where the water pipeline going from the South Pond to the North
Pond will be buried (that part of the road will be disturbed when burying
the pipeline and both State and Town working together would cut the costs
to the Town);
* Using the cross island road, as originally planned by DOT when the road
was being designed;
* Route bike path down Weeden Lane and up to exit on Conanicus Avenue
rather than near the creek.

It was moved by Council President Settipane, seconded by Councilor Littman
to have the Town Administrator draft a letter, for the Council's review to
Peter Healey and Michael Bennett in regards to the Council's concerns and
suggestions.  So unanimously voted.

COMMUNICATIONS

1) Copy of letter from Nancy Logan re: Route 138 Bike Path

2) Copy of letter from Dr. F. John & Mrs. Zarlengo re: CRMC Cease & Desist
Order (#01-3209)

3) Letter from Oil Heat Institute re: letter approving the dredging of the
Port  of Providence 

It was moved by Councilor Swain, seconded by Councilor Littman to accept
the correspondence from the Oil Heat Institute.  So unanimously voted.  

4) Letter from the Newport County Chamber of Commerce re: proposed bridge
design and/or rehabilitation to the Sakonnet River Bridge

5) Letter from the I.B.P.O. Local 305 re: grievance 

6) Letter from the North Kingstown School Department re: Dedication of New
High School

It was moved by Councilor Swain, seconded by Councilor Littman to accept
communications #1, 2, 4, 5 and 6.  So unanimously voted.

NEW BUSINESS
 
UNFINISHED BUSINESS (taken out of order)

2)   Council Review of the Beavertail Grill Entertainment License

Kevin Sullivan was present for the Beavertail Grill.

Police Chief Tighe informed the Council that there were three noise
complaints filed against the Beavertail Grill.
      Chief Tighe noted that the owners of the Beavertail Grill responded
to those complaints.

Fire Chief Christman informed the Council that he has issued a violation
notice regarding the cleaning of the kitchen vents.  

Kevin Sullivan, representing the Beavertail Grill, informed the Council
that there was only one day when they had outside music.
      When there is music indoors on Friday nights the windows are closed.
 Mr. Sullivan noted that he was aware of the noise complaints. 
Additionally, Mr. Sullivan reported that on the one occasion when there
was outdoor entertainment he did not rebook the music as it was not
appropriate for the area.
       Relating to the Fire Marshall's notice of violation, Mr. Sullivan
reported that the hood system is professionally cleaned four times a year.
       

Council President Settipane stated that because of the density in the
downtown area, noise is a problem.
      President Settipane inquired if Mr. Sullivan would be agreeable to
dropping the outside entertainment.
      Mr. Sullivan replied that he would like to have the ability to offer
a violinist or soft piano playing.  

There was some discussion relating to other outdoor entertainment in the
downtown area.
      Councilor Swain raised concern over whether other businesses would
be affected by the Council's decision for the Beavertail Grill.  

It was moved by Councilor Swain, seconded by Councilor Settipane to
continue the renewal of the Beavertail Grill's entertainment license to
the next Council meeting on October 9, 2001.
      It was moved and seconded to amend the motion to include a request
to the Police Chief to provide the Council with copies of the complaints
filed against the Beavertail Grill.  So unanimously voted.

1)   Reis vs. Jamestown Harbor Management Commission Appeal to Town
The Town Clerk informed the Council that the appeal from Mr. Reis was
scheduled for this meeting at Mr. Reis' request.

Council President Settipane reviewed the decision of the Jamestown Harbor
Management Commission noting that on July 11, 2001, Mr. Reis was notified
that his appeal for a guest mooring permit was denied, based upon the
findings that (1) he does not own waterfront property; (2) only riparian
owners are entitled to guest moorings; and (3) the original mooring was
granted after the 1990 enactment of the current Harbor Management
Ordinance and therefore is not considered grandfathered.  
  
The two deeds presented as exhibits were discussed.  The Town Solicitor
informed the Council that Mr. Reis has the burden to demonstrate that he
is entitled to the reversal of the decision by Harbor Management.
      The Council was advised to accept the package and act on it.

It was moved by Council President Swain, seconded by Councilor Settipane
to accept the Reis appeal.
       The motion was amended by Councilor Settipane, seconded by
Councilor Littman to accept the communication regarding the Reis appeal
which was transmitted from the Harbor Clerk to the Town Clerk on August
20, 2001 with the following attachments:

  Letter from Frederick Reis July 6, 2001
  Letter from Harbor Clerk   July 18, 2001
  Letter from Chief of Police   July 16, 2001
  Applications for primary
     and guest mooring    1994
  Letter from Frederick Reis May 20, 2001
  Photograph of mooring
  Letter from Frederick Reis June 1, 2001
  Letter from Harbormaster   May 25, 2001
  Letter from Frederick Reis May 22, 2001
  Harbor Minutes    June 13, 2001
  E-mail from Town Solicitor July 10, 2001
  Harbor Minutes    July 11, 2001
  Warranty Deed from James
     Sherman to Frederick Reis  
  Original Deed from 1889
     from Ocean Highland Properties

It was unanimously voted to accept the Reis appeal and exhibits. 

Council President Settipane noted that the appellant was not present.
      Discussion relating to the advice of the previous Town Solicitor to
the Harbor Management Commission whereby he stated that upon researching
the deeds of Mr. Reis, it was found that Mr. Reis is not a riparian owner
nor does he have deeded rights to waterfront property.
       It was also noted that the Harbor Management Commission relied on
the findings of the Town Solicitor when making their decision.
      President Settipane questioned the fact that Mr. Reis has two
applications as a riparian owner.
      One of these applications for mooring was granted and the other was
not.  Application #D1142 was approved by the Harbor Management Commission
as Mooring Owner Classification #1 (resident riparian owner); however,
application #D1143 was not approved.  

The Town Solicitor informed the Council that the only record before the
Council is the application for a guest mooring (D1143).
      The Town Solicitor further stated that he concurs with the previous
Town Solicitors findings in that the applicant is not a riparian owner.

Harbor Management Commission member Julio DiGiando informed the Council
that Mr. Reis requested that his guest mooring be moved from one position
to another.
      In reviewing this mooring it was found that Mr. Reis was given a
mooring in error as he was not a riparian owner; therefore, the
application for this guest mooring was denied.  

Council President Settipane inquired if the main mooring had already been
approved at that time and Mr. DiGiando stated that it was.  

It was moved by Council President Settipane, seconded by Councilor Littman
that this appeal be limited to the guest mooring application and that the
Council affirm the findings of the Harbor Management Commission noting
that these findings were 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 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.

So unanimously voted.

The Council President requested that the Town Solicitor communicate to the
Harbor Management Commission and the application of definition of riparian
property owner and its need for to be applied equally to both the primary
and guest application.
      The Town Solicitor noted that the Harbor Management Commission
received a detailed opinion from the previous Solicitor which clearly sets
forth answers to those questions.

EXECUTIVE SESSION

1)   Pursuant to RIGL 42-46-5(a)(2) (collective bargaining) IBPO Local 305

It was moved by Councilor Long, seconded by Councilor Littman, pursuant to
RIGL 42-46-5(a) (2) collective bargaining, to enter into executive session
at 9:45 PM.
      It was voted, Council President Settipane, aye; Councilor Littman,
aye; Councilor Long, aye; Councilor Swain, aye.  The motion passed.

The Council returned to regular session at 9:49 PM.
      It was moved by Councilor Long, seconded by Councilor Littman to
seal the minutes of the executive session.
      It was voted Councilor Settipane, aye; Councilor Littman, aye;
Councilor Long, aye; Councilor Swain, aye.  The motion passed.  

It was moved by Councilor Swain, seconded by Councilor Littman to approve
the police contract as negotiated between the Town Administrator and
Police.  So unanimously voted.

There being no further business before the Council, it was moved by
Councilor Long, seconded by Councilor Settipane to adjourn the meeting at
9:51 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk