TOWN COUNCIL MEETING
December 26, 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
David J. Long
Norma B. Willis
Absent:  Kenneth G. Littman

Also present were:  

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
Bruce Leach, Town Solicitor
Arthur J. Christman, Fire Chief

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Sitting as the Alcoholic Beverage Licensing Commission, Council President
Settipane opened the hearing at 7:00 PM.   

  It is hereby given by the Town Council of the Town of Jamestown, being 
the Licensing Board in said Town as provided under Title 3, Chapters 1-12
of the General Laws of Rhode Island 1956, and as amended that the
following application has been received by the Town Council for a new
Class BV liquor license under said Act, for the year ending December 1,
2002:
NEW LICENSE:

CLASS B-VICTUALER BY A CURRENT CLASS D LICENSEE

Portuguese American Citizen's Club
dba: Portuguese American Citizen's Club
11 Pemberton Avenue
Jamestown, RI  02835

  Application duly advertised in the Newport Daily News on November 30th &
December 7th.
      If favorable, motion to grant the following application 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. 

Joseph Tiexiera, Vice President of the Portuguese American Citizen's Club
(Club) informed the Council that the Club's business has greatly increased
which makes it very difficult to monitor the list of members.
       Designation as a BV liquor establishment would allow the Club to
serve members and non-members alike.  

The Town Administrator noted that there is an outstanding zoning violation
that has not been resolved.  

The Town Solicitor noted that a Class BV Liquor License requires that the
primary function is the sale of food, which means the kitchen must remain
open with a regular menu at the times the facility is open, with the
exception of one half hour before closing time, and the general public
must be allowed access, not just members.
      Additionally, if entertainment is held at the facility it would be
necessary for the Club to obtain an Entertainment License.
      Mr. Leach also stated that presently the Club is grandfathered as a
nonconforming use in a residential area, a change to a BV Liquor License
would mean that they would then be operating as a restaurant in a
residential zone.
      Mr. Leach noted that he has received a request from the Zoning
Officer to begin legal proceedings to enforce a zoning violation.
      Mr. Leach suggested that any issuance of license should be on the
condition that the zoning violation is corrected.  

Council President Settipane inquired if expansion of use should be
considered.  The Town Solicitor noted that it may be necessary for the
Club to apply for zoning relief for the issuance of a class BV Liquor
License in a residential zone.  

Mr. Tiexiera addressed the issue of the truck parked outside the Club.  He
noted that the truck will no longer be parked there.  

Councilor Swain inquired if there are any ramifications with the nonprofit
status of the Club when changing to a BV license.
      Mr. Tiexiera stated that he was not sure how that would effect the
Club.  

Those in opposition of the BV Liquor License application by the Portuguese
American Citizen's Club were invited to speak by Council President
Settipane.

Robert Trout, 14 Lawn Avenue inquired about the possibility of the Club
expanding service outside if they have a full liquor license.
      Mr. Trout noted that the club was asked last year to move their
outside lights so that they did not shine into his windows and this has
yet to be done.
      Additionally, Mr. Trout informed the Council that there is a
temporary building that has been erected by the Club only 8' away from his
property line and an abandoned refrigerator on the Club property that
should be taken care of.  

Michael Toland, 8 Lawn Avenue addressed concerns regarding the possibility
of the Club being open later in the evening.
      Mr. Toland also noted that the lights from the Club shine directly
on his home.  

In addressing the expansion to outside dining, the Town Solicitor informed
the Council that this could require zoning relief because the Club is
located in a residential area.
      Additionally, the Town Solicitor noted that the seating capacity at
the Club is limited to less than 50 seats.  

Councilor Swain expressed his concern that the issuance of a BV Liquor
License and the limit in seating capacity would interfere with the Club's
ability to hold larger functions.
      This raised a question from the Town Solicitor; specifically, does
the Club have the appropriate food license for the rental of a function
room. 

Council President Settipane invited those in favor of the Class BV Liquor
License to address the Council.

Arthur Christman, Windsor Street stated that the Club is the only place in
Jamestown where you can hold a large function.

Randall Tyson, Seaside Drive also spoke in favor of the change in liquor
license class for the Portuguese American Citizen's Club and expressed his
concern that they would still be able to hold functions in the large room
at the Club.

Mr. Tiexiera informed the Council that, if necessary, the Club would apply
for approval from the State for a larger capacity in the function room.
 
Following a discussion by the Council and in an attempt to clarify the
effect of changing a class D License to a class BV License, the Town
Solicitor suggested that he be allowed to look into any zoning issues that
may be involved and to determine if the seating capacity limitation puts
any restrictions on the function room.

Council President Settipane clarified the zoning issue by informing Mr.
Tiexiera that the issue involves whether or not the change in status from
a D license to a BV license (Club to full restaurant status) in a
residential area is an increase of the non-conforming use, which would
require the Club to go back before the Zoning Board of Review.
      It was suggested that Mr. Tiexiera discuss this issue with the
Zoning Official.

Mr. Tiexiera stated that it was his understanding that the Club was
grandfathered because they have been doing business there for such a long
time.
      Council President Settipane informed Mr. Tiexiera that this could
change with the change of use from a club to a restaurant.

It was moved by Councilor Swain, seconded by Councilor Long to continue
the license application for the Portuguese American Citizen's Club to
January 14, 2002.  So unanimously voted.

CONSENT AGENDA

It was requested that items 1(a), 3(G), 4(a)(i) and 5 be removed from the
Consent Agenda.
      It was moved by Councilor President Settipane, seconded by Councilor
Long 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) Jamestown Harbor Management Commission (11/14/2001)
b) Jamestown Planning Commission (11/14/2001)
c) Jamestown Quonset Davisville Liaison Committee (11/05/2001)
d) Town Buildings & Facilities Committee (11/29/2001)
e) Zoning Board of Review (11/27/2001)
f) Library Board of Trustees (10/16/2001)
g) Board of Canvassers (11/08/2001)

4)   Resolutions of State and other municipalities:

a) Town of North Kingstown

ii)  RI Lottery Commission

6)   Secretary of State: Timetable for Needs Associated with
Reapportionment

7) Abatements/Addenda of Taxes 
************************************************************************
1) Adoption of Council minutes:

a)   12/10/2001 Regular Meeting

Councilor Willis directed attention to page 9 of the Town Council minutes
for December 10, 2001.
      Councilor Willis noted that the storage needs was a constant for all
sites and the two-tier method of cost analysis for the highway barn was to
include one for the site and one for the operation.
       It was moved by Councilor Willis, seconded by Councilor Swain to
have the Town Clerk listen to the tape and report back to the Council.
      So unanimously voted.

2) Bills and Payroll

Upon a request for clarification of billing, the Town Administrator
informed the Council that Mr. Cournoyer was the engineer that did the
topography of the sewer treatment plant; Mr. Minto supplied the Town with
50 bales of hay for work being done by the Town; the Jamestown Police
Department was paid for a police detail from funds for the Community
Center project and bill from Charles Gladding was for drainage work that
the Town does not have the equipment for.

3)   Copies of Minutes from Boards and Committees

  g) Board of Canvassers

In reply to a question in the minutes of the Board of Canvassers, the Town
Administrator informed the Council that the Town Solicitor has advised
that the Charter Review Committee members can be appointed by the Council.

4)   Resolutions of State and other municipalities:

a) Town of North Kingstown

i)   Reapportionment

Town Council President Settipane noted that the Town of North Kingstown
has expressed their opposition and objection to the Senatorial district
alternatives proposed for the Town by the Reapportionment Commission as
presented through their Resolution No. 24.  

The Council discussed the effect of the redistricting on Jamestown.
      The Jamestown Town Council previously requested that they stay
within the confines of Newport with whom we have similar interests;
however, in the redistricting Jamestown has picked up a portion of
Middletown.  

Council President Settipane requested that the Town Administrator provide
the Council with the official maps and redrawing of districts for further
review and discussion.

It was moved by Council President Settipane, seconded by Councilor Swain
to invite the State Representatives of Jamestown to the January 14, 2002
Town Council meeting to discuss the reapportionment with them and to get
input from the community.  So unanimously voted.

5)   EPA: Tools for Watershed Protection: Workshop for Local Government

Council President Settipane suggested that the Town Administrator arrange
to have the necessary Town personnel attend this workshop. 

It was moved by Council President Settipane, seconded by Councilor Swain
to accept items 2, 3 (g), 4 (a)(i) and 5 from the Consent Agenda.
      So unanimously voted.
 
EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

1)   Proposed Zoning Ordinance Amendment: Section 607 - Variances (duly
advertised in the Jamestown Press on December 6, 13 and 20, 2001)

Council President Settipane opened the public hearing for the proposed
Zoning Ordinance Amendment as advertised in the Jamestown Press at 7:43
PM.  

Town Solicitor noted that the Supreme Court determined that a special use
exception which is permitted by Zoning Ordinance in a dimensional variance
are not permitted.  The Town of Jamestown is in a unique situation where
there are many aspects of this law that the Zoning Ordinance requires
special use permits.
      A Bill was proposed to the Legislature to exempt Jamestown from the
requirement by specifically saying that if Jamestown adopts an ordinance
that permits Zoning Ordinance to be amended to provide special exceptions
and dimensional variances at the same time it would be legal and
appropriate to do it.
      This ordinance was adopted to meet these situations.   

Council President Settipane called for comment from the audience.
       There being no comments, the hearing for the Proposed Zoning
Ordinance Amendment closed at 7:50 PM.

It was moved by Councilor Willis, seconded by Council President Settipane
to pass Section 607 to the Zoning Ordinance of the Town of Jamestown to
add subsection 3 as stated.  So unanimously voted.

It is hereby ordained by the Town Council that Section 607 of the Zoning
Ordinance of the Town of Jamestown is amended to add as subsection 3
thereof:

3. An applicant may apply for, and be issued, a dimensional variance in
conjunction with a special use.
      If the special use could not exist without the dimensional variance,
the Zoning Board of Review shall consider the special use permit and the
dimensional variance together to determine if granting the special use is
appropriate based on both the special use criteria and the dimensional
variance evidentiary standards.

This amendment shall take effect upon passage.  
By order of the Town Council of the Town of Jamestown.

VII. 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
                           December 26, 2001
    
    The following report consists of items of general interest to the
Council.
     I win be pleased to provide any additional clarification or
information you require.
    
    When the Town appointed me as Town Administrator, a condition of my
appointment, I was to take courses that eventually lead to a Master in
Public Administration.
     Soon after, I enrolled and matriculated in the Masters in Public
Administration at the University of Rhode Island.
     To date I have completed twenty four credits of the thirty-six
credits necessary to graduate.
     I was planning on taking two more courses this spring and two more in
the summer to complete the program.
     To date I have been able to take courses on evenings other than
Monday nights and also on Saturdays.
     For the upcoming spring semester, a required course is offered on
Monday night.
     This course has always been offered on Monday nights during the
spring semester.
     Recognizing the fact that the    Council meets on Monday nights I
have spoken to the Professor who teaches the course and he is willing to
give me some flexibility as it relates to attending the class.
     He said he would like to see me attend two Monday nights a month.
     I would like to propose the following, which would enable me to
complete this required course as well as attend as many Council meetings
as possible Council meetings over the next three months.
    
    Attend classes on the nights of Water & Sewer meeting.
      As you all have seen first hand, Steve Goslee can answer all
question relating to Sewer & Water.
     It will also be necessary for me to miss one Council meeting a month.
     This will mean I will miss a total of four Council meetings from
February to May.
     I think this schedule will afford me the opportunity to attend enough
classes, to satisfy the requirements for the course.
    
    Since my appointment, I have missed only one Town Council meeting
because of    vacation, and arrived late once because of the Open House at
the school.
     If the Council can agree to this schedule I will now register for the
class.
    
    As you know the budget hearings beginning next week.
     If there is any additional information I can provide to you prior to
the hearings please let me know.
    
    Attached please find the following:
    
    Inventory Of Town owned vehicles
    Results of the testing of the wells at the landfill
    Letter from William Fazioli (Town's fiscal advisor)
    RIDEM Facilities Plan Review Checklist
    
    I have started working on the Council's request for an assessment of
government functions.
    
--------------------------------------------------------------------

a)   Requested action by Council 

The Town Administrator informed the Council that the courses necessary to
continue the program for her Master in Public Administration degree have
been scheduled on Monday evenings.
      Ms. Crawford requested that she be allowed to attend these classes
on the nights of the Water & Sewer meetings and to miss one Council
meeting a month from February to May.  
Council President Settipane inquired if it would be possible to move the
Water and Sewer meetings to Tuesday evenings while the classes are in
session.  

The Town Administrator noted that she and the Town Clerk researched this
and could find nothing that would prevent the day of the Water and Sewer
meeting from being changed.  

After further discussion, it was moved by Councilor Willis, seconded by
Councilor Settipane that the Town Clerk would provide the Council packet
by the close of business on Wednesday prior to the Monday Town Council
meeting that the Town Administrator would not be attending and that the
Water and Sewer meetings be moved to Tuesdays for February, March and
April.  So unanimously voted.  

The Town Administrator submitted an article entitled, "How the Economic
Slowdown is Affecting U.S. Local Government Credit Quality".  The article
mentioned several factors to be used in preparing a municipality to cope
with the current recession.
      Following discussion, it was noted that Jamestown has been following
similar guidelines and although Jamestown is not as dependent on state aid
as other communities, we need to be conservative and less dependent on
property tax.  

Councilor Willis requested information relating to the cost of snow
plowing and sanding for the last three years.
      It was the consensus of the Council to have the Town Administrator
provide the Council with the amount spent on sand and salt for the last
three years.
 
UNFINISHED BUSINESS

1) Cell Phone Use on School Buses (cont. from 12/10/2001)

Council President Settipane requested that the cell phone use on school
buses be continued to the next Council meeting on January 14, 2002 in
order to give the School Committee time to respond to the Council's
communication regarding the school's attempt to establish a policy on this
issue.

2)   Comprehensive Community Plan (cont. from 12/10/2001)

a) Memorandum from Town Clerk re:  hearing date

It was moved by Councilor Swain, seconded by Council President Settipane
to reschedule the Comprehensive Community Plan for February 28, 2002 and
to request that the Town Clerk advertise accordingly.
      So unanimously voted.   

COMMUNICATIONS

None

NEW BUSINESS

1)   Victualing License Renewal Applications

a) Ace's Pizza, Inc.

There being no objections, it was moved by Councilor Swain, seconded by
Councilor Long to grant the victualing license renewal for Ace's Pizza,
Inc., pending the resolution of debts, taxes and appropriate signatures. 
So unanimously voted.

2)   Trash Collector's License

a) BFI Waste of Fall River/Allied Systems

There being no objections, it was moved by Councilor Swain, seconded by
Councilor Long to approve the trash collector's license for BFI Waste of
Fall River/Allied Systems.  So unanimously voted. 

3)   International Travel Review (per Town Administrator) 

No action taken.  

There being no further business before the Council, it was moved by
Councilor Long, seconded by Council President Settipane to adjourn the
meeting at 8:20 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk