TOWN COUNCIL MEETING
Monday, December 10, 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 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
Christopher Powell, Conservation Commission Chair
Richard Allphin, Zoning Board of Review
Sav Rebecchi, Charter Review Committee 

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Sitting as the Alcoholic Beverage Licensing Commission, Council President
Settipane opened the hearing at 7:09 PM.
       There being no one present to discuss the renewal of the liquor
license for Schoolhouse Café, Inc. d/b/a Beavertail Grill, it was moved by
Council President Settipane, seconded by Councilor Swain to continue the
hearing at 7:30 PM in the event that the owner arrived late.
      So unanimously voted.

1)   Renewal of Schoolhouse Café, Inc. d/b/a: Beavertail Grill Class BV
liquor License (continued from 11/13/2001): If favorable, motion to grant
the following renewal applications subject to the resolution of debts,
taxes and appropriate signatures of local officials, State Division of
Taxation authorization and certification from the Department of Health. 

CONSENT AGENDA

It was requested that items 1(a), 2(e), 4(b) and 7 be removed from the
Consent Agenda.
      It was moved by Councilor Littman, seconded by Council President
Settipane to approve the Consent Agenda as amended.  So unanimously voted.
 The Consent Agenda consisted of the following:

3) Copies of Minutes of Boards & Committee Meetings:

a) Zoning Board of Review (10/23/2001)
b) Water Resource Protection Committee (09/12/2001, 10/30/2001)
c) Town Buildings & Facilities Committee (10/24/2001, 11/07/2001,
11/21/2001)
d) Town Charter Review Committee (09/20/2001, 10/25/2001, 11/08/2001,
11/15/2001)

4)   CRMC Notice(s):

a) December 2001 Calendar

5)   National Association of Cities re: Building America Economic
Development Program 

6)   Big Brothers of Rhode Island re: solicitation

8) Rotary Club Annual Christmas Holiday Lights (approved per Town
Administrator)

9) Abatements/Addenda of Taxes  

**********************************************
1) Adoption of Council minutes:

a) 11/26/2001 Regular Meeting 

Councilor Littman requested that the minutes relating to the Town Building
and Facilities Committee include the discussion about proposals for
engineering firms to complete operational and site cost analysis.
      The minutes should state that the Town Council requested the Town
Building and Facilities Committee to make suggestions concerning the
contents of the Request for Proposals at their next meeting on November
29, 2001. 

It was moved by Councilor Littman, seconded by Council President Settipane
to accept the November 26, 2001 Town Council minutes as amended.  So
unanimously voted.

2) Bills and Payroll

In reply to an inquiry by Councilor Willis, the Town Administrator noted
that the majority of office supplies are purchased through W. B. Mason. 
Additionally, Councilor Willis requested additional information relating
to the bill submitted by Arthur S. Clarke.  The Town Administrator
informed the Council that Mr. Clarke was hired to move concrete blocks
from Ft. Wetherill as requested by CRMC because the Town did not have the
proper equipment.

3)   Copies of Minutes of Boards & Committee Meetings:

a)   Conservation Commission (01/09/2001, 06/12/2001, 07/10/2001,
10/11/2001)

Councilor Willis directed attention to a statement in the Conservation
Commission minutes whereby it is stated that the commission did not feel
it was a good idea to continue with the High Water Table Ordinance.  
  
Councilor Willis expressed her concern on the untimely filing of these
minutes.
      The Clerk stated that this was a result of a review of minutes by
the Conservation Commission Chair in an attempt to ensure that the Council
had received all minutes.  

Conservation Commission Chair, Christopher Powell, informed the Council
that the Conservation Commission is the only commission that does not have
a paid secretary to take minutes; however, every effort is being made to
submit current minutes.  

Mr. Powell informed the Council that the Conservation Commission does not
object to the High Water Table Ordinance and is working with the Planning
Commission on a proposed ordinance.

4)   CRMC Notice(s):

b) Cease & Desist Order to Settipane Family Trust re: construction of
structural shoreline protection within 200 ft of a coastal feature from
the property located at Plat 16, Lot 11, 301 Seaside Dr.

Council President Settipane recused himself from any discussion relating
to the Cease & Desist Order in the name of Settipane Family Trust.  

7)   Clean Water Action re: canvassing Jamestown

Following a discussion relating to the time planned for Clean Water Action
to canvas in Jamestown, it was suggested that the Town Administrator
contact Clean Water Action to discuss the possibility of an earlier ending
time.

It was moved by Councilor Swain, seconded by Councilor Long to accept
items 2, 3(a) and 7.  So unanimously voted.

It was moved by Councilor Swain, seconded by Councilor Long to accept item
4(b).
      It was voted four in favor, Council President Settipane recused
himself from any vote or discussion on this matter.  The motion passed.

Alcoholic Beverage License Commission (hearing continued from beginning of
meeting)

Renewal of Schoolhouse Café, Inc. d/b/a: Beavertail Grill Class BV Liquor
License

Council President Settipane reopened the hearing at 7:25 PM noting that
this is the third time this renewal has been continued because of issues
with inspections, cleanliness of the grill, exposed wires and follow-up
inspections.  

Kevin Sullivan, owner of the Schoolhouse Café, Inc. d/b/a Beavertail Grill
was present.
      Mr. Sullivan informed the Council that it was his understanding that
the inspection by the Electrical Inspector has been completed and
approved.  Mr. Sullivan informed the Council that he would like to reopen
the restaurant in the spring.  

Fire Marshall, Arthur J. Christman informed the Council that he was
contacted by one of the owners for inspection.
      Chief Christman noted that he walked around with him and told him
what needed to be done.
      Chief Christman was told that it would be taken care of and he would
get back to him.
      Chief Christman was not contacted; however, he noted that upon
today's inspection, the work has not been done.
      Chief Christman signed the request with stipulations.

Mr. Sullivan informed the Council that he was not aware of any
stipulations.
      Further stating that he understood that there was an electrical
problem that the Electrical Inspector needed to sign off on.
      This was done.
      Mr. Sullivan noted that he was informed about the removal of some
tree debris; however, that debris had been there for five years to be
disposed of and he was planning on disposing of it.

Chief Christman noted that initially his report was submitted indicating
that there was a fire hazard - some of it has been removed but not all of
it.  

Council President Settipane noted that this application was submitted on
November 2, 2001 and first went before the Council on November 13, 2001.  

Councilor Swain inquired about the violation notice dated September 13,
2001, issued by Chief Christman.
      Councilor Swain asked for information regarding the items listed in
the description of violations:  

? all egress have to be cleared.  Chief Christman noted that it had not
been done.   

? all electrical wiring to be checked.  The Council understands that this
has been done.

? kitchen was to be steam cleaned.  No report that this has been done.

Mr. Sullivan stated that the egress does not have to do with the entrance
to the restaurant; it is from a tree with broken limbs.  

Councilor Swain noted that on the notice of violation these violations
were to be taken care of as soon as possible.  

Chief Christman noted that the 90 days was crossed out and ASAP was
inserted because of safety concerns.

Council President Settipane noted that this was the third time this matter
has come before the Commission.
      The Council has given the owners of Beavertail Grill every
opportunity to remedy these issues.
      It is disturbing that the Fire Chief has not been able to sign off
without reservation and that the safety hazard has not been cleared as of
present. 

The Town Solicitor informed the Council that if the license is not renewed
by the Council it would lapse and the applicant would have to file for a
new liquor license.  

Mr. Sullivan informed the Council that the electrical inspection could
only be done on certain dates because of the Electrical Inspector's
schedule.
      Therefore, it could not be done in time for the previous Council
meetings.

Chief noted that he said he would sign the license with stipulations and
was told by the owner that he would take care of it right away and he
would get back to the Chief; however, as of today, these issues were not
taken care of.

Council President Settipane stated that any applicant for a liquor license
must demonstrate responsibility.
      Some of that responsibility is measured by the very nature in which
an application is presented.  There have been three continuations for
issues relating to what the Chief calls fire hazards and significant
electrical problems.  

Councilor Littman noted that there has not been a sense of cooperation
from the Beavertail Grill.

It was moved by Council President Settipane, seconded by Councilor Willis
to deny the application for renewal for a B-V Liquor License.
      So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Acquisition of land pursuant to RIGL 42-46-5(a)(5) (real estate)

Council President Settipane announced that an executive session would be
held this evening pursuant to RIGL 42-46-5(a)(5) (real estate)

PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled request to address 

a) Eagle Scout Projects

  i) Cory Neale

ii) Stephen Walsh

Corey Neale presented his Eagle Scout project to the Council.
      The project, outlined by Mr. Neale, would entail restoration work on
the road leading to Sheffield Cove.
      Mr. Neale informed the Council that a surveyor was hired to plot the
area and mark property lines.
      The cost of this covered by the Audubon Society and residents in
that area.
      In addition, Mr. Neale reported that he has applied for a grant from
the Rhode Island Trails Advisory Committee in the amount of $1,200.00 to
cover the cost of materials to construct a split-rail fence around the
borders of the road; repair holes in the road; build a boat rack for
dinghy storage and clear an area large enough for six parking spots.
      It is expected that the project should be completed in March or
April.

It was the consensus of the Council that the Clerk would send a letter
expressing the Council's support for Corey Neale's Eagle Scout project.

Stephen Walsh described his Eagle Scout project.
      Mr. Walsh would like to extend the existing nature trail at the
Conanicut Island Sanctuary.
      The trail would consist of approximately 100 feet of elevated
walkway over the wetland, a footbridge over the old stone bridge, and a
trail approximately 550 feet in length, ending at the beginning of the
salt marsh with an elevated observation platform.  

It was the consensus of the Council that the Building Official should be
consulted regarding the construction of the platform.  

The consensus of the Council was to have the Clerk send a letter of
support from the Town Council.  

b) Narragansett Electric re: Electric Supply Cable 

Kevin P. Menard, Vice President of Business Services for the Narragansett
Electric presented an amended proposal to the Council relating to the
installation of a new electric supply cable to Jamestown.
      Mr. Menard informed the Council that Narragansett Electric Company
performed a survey of the bottom of the bay across the entire cable route
and found the existence of an eelgrass bed approximately three acres in
size.
      This discovery has required a modification in the plan.
      The new landfall is approximately 300 feet north of the original
proposal and is the shortest practical route across the eelgrass.
      The cable will pass through what appears to be an unofficial parking
area underground to a new manhole that will be installed in the shoulder
just off the road.

In reply to Council concerns, Mr. Menard agreed to present the plan to the
Jamestown Planning Commission for their input on the aesthetic impact of
this project. 

It was moved by Council President Settipane, seconded by Councilor Littman
to amend the letter to include a sentence in the second paragraph stating
that final approval by the Town Council shall be required prior to
commencement of the project.  So unanimously voted.

2) Non-scheduled request to address

None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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

                         Town Administrator Report
                           December 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.
    
    Administration
    
    I met one last time with Police Chief Tighe, Fire Chief Christman, and
Deputy Chief Bryer to discuss the fire horn.
     At this time, I recommend that the Town does not sound the fire horn
for all rescue calls from 9:00pm until 7:00am on a six month trial basis.
     If there is a malfunction with the tone out system at the police
station, the police department currently has the capability of sounding
the fire horn.
    
    However, during this timeframe, the horn will continue to sound for
all box alarms.
     The only way the Town could eliminate the fire horn for the box
alarms is to physically shut off the fire horn at the fire station.
     If the Town were to do that, and there was a malfunction of the tone
out system at the police station, the only way to sound the fire horn
would be to have someone go into the fire station to turn the horn back
on.
    
    I have attached the number of box alarms and rescue calls that have
occurred over the past two years.
     As you can see, there are approximately 15 box alarms between the
hours of 9:00pm and 7:00am.
     By turning off the fire horn for all rescue calls for an additional
two hours, it will reduce the number of times the fire horn is sounded by
approximately twenty-nine.
     As I stated above, I recommend that we implement this for
approximately six months.
     This will give the public safety officials times to evaluate other
options.
    
    I have attached the proposed budget workshops for the fiscal 2002/03
budget for your information and approval.
     Once the Council approves this schedule, I will book a location for
all workshops. Hopefully, all workshops will be held at the library.
    
    I am recommending that the discussion concerning the increasing of
exemptions take place at the workshop scheduled for January 17, 2002.
    
    Currently the reservoir is down approximately fifty-four inches.
     With the recent warm weather and lack of significant rainfall the
reservoir continues to drop.
     Steve Goslee and I are confident there is enough water to get us
through the winter.
     The water regulations currently ban outdoor watering (after October
31), if the reservoir is down more than twelve inches below the spillway.
     Since we have recently experienced a significant drop in the
reservoir, we will be advertising this ban in the December 13, 2001
edition of the Jamestown Press.
    
    As you requested, I have attached the RFP's for the highway garage.
     I have also attached a copy of a letter to Building & Facilities
Chairman Bill Kimball.
    
------------------------------------

a)   Approval of dates for 2002/2003 budget workshops

Fish-Freezing Vessel

The Town Administrator informed the Council that there is another boat
located off Dutch Harbor in the Narragansett Bay, which will be fishing
for mackerel and herring.
      This boat will be following the same regulations as the boat
previously discussed at the November 26, 2001 Town Council meeting.  

Reservoir Water Level

The Town Administrator informed the Council that Stephen Mecca has been
conducting research on the water level at the Reservoir.
      The Town Administrator noted that she is planning to invite Mr.
Mecca to a Water Sewer Commissioners meeting to discuss his findings.  

Budget Hearings

It was moved by Councilor Long, seconded by Councilor Swain to adopt the
schedule for budget hearings.  So unanimously voted.

The Budget Hearings as adopted are:

Thursday, January 3, 2002 at 7:00 PM

  General Government

     School Budget           Clerk and Records
     Council              Planning
     Town Administrator         Zoning
     Probate Court           Personnel
     Elections and Town Meetings      Finance
     Legal                Audit    
     Tax Assessor

Tuesday, January 8, 2002 at 7:00 PM

  Public Safety           Public Works

     Police Protection       Administration
     Fire Protection         Engineering
     Protective Services     Highway     
                    Snow Removal
                    Waste Removal
                    Street Lighting
                    Other Public Works
                    Public Buildings

Thursday, January 10, 2002 at 7:00 PM

     School Budget        Library
     Public Welfare       Parks, Beaches, Recreation
     Public Health        Debt Service
     Animal Control       Other    
     Capital Improvement

Tuesday, January 15, 2002 at 7:00 PM

     School Budget

Thursday, January 17, 2002 at 7:00 PM

     Five-Year Capital Budget Program
     Wrap-up
     Harbor Management Commission
     Exemptions

Monday, January 28, 2002 at 7:00 PM - Jamestown Philomenian Library
(Regular Council Meeting)

     Approval of Budget
     Approval of Five-Year Capital Budget Program

The Town Administrator will forward a location schedule for these meetings
to the Council.

Councilor Willis requested that the Town Administrator supply an inventory
of all Town vehicles to the Council by the next Town Council meeting.
      The inventory should include: age, mileage, department vehicle is
assigned to and any other pertinent information.

The Town Administrator informed the Council that the Water and Sewer
budgets would be presented to the Council in March with a request for
approval in April.

It was moved by Council President Settipane, seconded by Councilor Swain
to hold a discussion regarding exemptions on January 17, 2002 in order to
update our tax exemptions.  So unanimously voted.  

2)   Jamestown School

a) Ordinance re: Prohibition of Bus Driver Cell Phone Use 

Councilor Littman suggested that the School Committee might be able to
regulate the prohibition of bus driver cell phone use on their own through
contracts with the bus company.  

The Council requested that this be put on the Council's next agenda for
discussion.
      Council President requested that the School Committee be contacted
to inquire what measures they have explored to regulate the use of cell
phones of bus drivers within the Town of Jamestown and to be more specific
as to why the Council should take such action.
 
3)   Jamestown Quonset Davisville Liaison Committee 

a)   Letter from Chair re: Environmental Impact Statement

Dennis Webster, Jamestown Quonset Davisville Liaison Committee Chair,
informed the Council that the committee is requesting that $15,000 be put
into the Town budget to fund Jamestown's participation in the upcoming
Environmental Impact Statement for a Container Port at Quonset Davisville.
      

It was moved by Councilor Willis, seconded by Council President Settipane
to accept the letter from the chairman of the Jamestown Quonset Davisville
Liaison Committee and schedule for consideration during the budget
hearings.   So unanimously voted.

Council President Settipane suggested that North Kingstown should be
contacted to see how they are handling this with the thought of lessening
the expense by coordinating our efforts.
 
  4) Town Charter Review Committee 

b) Report from Committee

It was moved by Councilor Long, seconded by Councilor Swain to accept the
communication from the Town Charter Review Committee.
      So unanimously voted.

5)   Town Buildings & Facilities Committee

a) Copy of letter from Committee Chair re:  suggestions for RFP
(engineering services for highway barn)

The Town Administrator reviewed the process taken for compiling
information for the Request for Proposal (RFP) for engineering services
for the highway barn.
      The RFP includes input from the Town Buildings & Facilities
Committee.
      Additionally, the Town Administrator reviewed the schedule for the
advertising of the RFP and the date they are due back to the Council for
bid approval.
      It is expected that the bid process will be completed by mid
January.

The Town Administrator informed the Council that the site evaluation for
lot 47 has been completed and the site survey for the Sewage Treatment
Plant Station should be complete in approximately one week.

Councilor Willis brought about discussion on the storage needs at the new
highway barn.  

It was decided that a two-tier method of cost analysis would be required;
one for the building site and one for the storage needs at the site.  

Other suggestions for inclusion in the RFP bid specifications were:

* access road costs;
* fire and safety costs;
* site excavation costs;
* security costs including fencing and lighting   utilities.

Consideration was also given to the possibility of using the Department of
Public Works to do some of the road costs.

Council President Settipane noted that they will be comparing the building
site costs at both locations and then the additional cost factors of
locating the constant such as the needs for storage of material at both
sites as a secondary matter.  

It was moved by Councilor Swain, seconded by Councilor Littman to
advertise the Requests for Proposals as amended.  So unanimously voted.

UNFINISHED BUSINESS

1)   Proposed Zoning Amendments joint work session with Planning
Commission; if favorable vote on the following dates: (cont. 11/26/2001)

a)   12/19/2001
b)   01/14/2001  2002
b) 01/28/2001  2002

The proposed zoning amendments for consideration are the High Groundwater
Table Ordinance, Ferry Ordinance, Special Use Variance, an ordinance
relating to Public Zone, and any other proposed ordinances ready for
discussion.

It was moved by Councilor Settipane, seconded by Councilor Swain to hold
the work session on January 14, 2002.
      The motion was amended by Councilor Willis and Councilor Littman to
hold the work session on December 19, 2001.  So unanimously voted.  

2)   Ali Dunn Packer Memorial Jamestown 5K (cont. 08/27/2001)

  a) Letter from Maureen Dunn Packer

b) Event Application

It was moved by Councilor Littman, seconded by Councilor Long to approve
the Ali Dunn Packer Memorial Jamestown 5K road race to be held on Sunday,
June 2, 2002 at 1:00 PM, subject to the resolution of debts, taxes and
appropriate signatures.  So unanimously voted.

3) Beavertail Grill renewal of Victualing License (cont.
     from 11/26/2001) with Fire Marshall's stipulations; if favorable,
renew for December 1, 2001 to November 30, 2002

The Town Solicitor informed the Council that the victualing license for
the Beavertail Grill could be renewed without the liquor license; however,
the same issues that were considered at the liquor license renewal hearing
should be addressed.

It was moved by Councilor Littman, seconded by Councilor Long to deny the
renewal of the victualing license for the Beavertail Grill.
      So unanimously voted.

4)   Comprehensive Community Plan

It was requested that the hearing for review of the Jamestown
Comprehensive Community Plan be scheduled and advertised for Thursday,
February 21, 2002.     

COMMUNICATIONS

  1) Letter from David S. Martin re: Town Buildings & Facilities Committee
 

It was moved by Councilor Long, seconded by Councilor Swain to accept the
letter from David S. Martin.  So unanimously voted.

2)   Letter from the Pawtucket School Department re: 11/13/2001 motion 

It was moved by Councilor Willis, seconded by Councilor Long to accept the
communication from the Pawtucket School Department.  So unanimously voted.

  3) Letter from RIDEM re: Ft. Wetherill Facility 

The Town Administrator notified the Council that the letter from RIDEM has
been withdrawn.  No action taken.

NEW BUSINESS

None

Council President Settipane called for a break at 9:40 PM prior to
entering into executive session.

EXECUTIVE SESSION

1)   Acquisition of land pursuant to RIGL 42-46-5(a)(5) (real estate)

It was moved by Council President Settipane, seconded by Councilor Long to
enter into executive session, at 9:35 PM pursuant to RIGL 42-46-5(a)(5)
(real estate).
      The vote was Council President Settipane, aye; Councilor Littman,
aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis aye.
      The motion passed.  

The Council returned from executive session at 10:09 PM.
      It was moved by Council President Long, seconded by Councilor Swain
to seal the minutes of the executive session.
      It was voted 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 direct the
Town Administrator and Council President Settipane to continue to
negotiate for the acquisition of property and to report back to the
Council in executive session.  So unanimously voted.

There being no further business to discuss, 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