TOWN COUNCIL MEETING

March 25, 2002

(as amended April 8, 2002)

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

Kenneth G. Littman

Norma B. Willis

Also present were:

Arlene D. Kalooski, Town Clerk

Bruce Leach, Esq., Town Solicitor

Arthur J. Christman, Fire Chief

Lisa Bryer, Town Planner

Representative William J. Murphy

Representative Bruce Long

Maryanne Crawford, CPA, Town Administrator/Finance Director arrived at 9:15 PM

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Presentation by Lori Suprock Supervisor of Wildlife RIDEM re: increase population in deer on the island of Jamestown

Council President Settipane introduced Lori Suprock, Supervisor of Wildlife at Rhode Island Department of Environmental Management to speak on the increase in deer population in Jamestown.

Ms. Suprock stated that there is no open hunting in the State of Rhode Island and that deer hunting is only allowed on private property with the property owner's written permission. Ms. Suprock discussed the comparison of four methods to reduce the white-tailed deer abundance in an urban community; those four methods being, 1) controlled hunts within large parks and refuges, 2) opportunistic sharpshooting by conservation officers on patrol, 3) sharpshooting over bait by park rangers in a county park, and 4) sharpshooting over bait by police officers on small public land tracts. Additionally, Ms. Suprock explained the procedure for administering contraceptives for the control of deer population. Several informational brochures were handed out to the Council and the Town Clerk.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items 1(a), 2, 3(b), 4(ii), 6(a) (b) (c) (d) be removed from the Consent Agenda. It was moved by Councilor Long, seconded by Councilor Littman to accept the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of:

3) Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission (02/20/2002)

c) Conservation Commission (02/12/2002)

d) Water Resource Protection Committee (02/06/2002)

e) Town Buildings and Facilities Committee (01/09/2002)

f) Town Charter Review Committee (02/07/2002, 02/21/2002)

4) CRMC Notices:

a) March 2002 Calendar corrected

b) Notices:

i) ROW workshop (High Street)

iii) Certificate of Maintenance to H. Dickson Boenning to construct maintenance repairs to a failed cesspool located at Plat 10, Lot 112; 300 Highland Dr.

iv) Finding of No Significant Impact to Thomas & Linda Pearson to construct a bank walkover structure located at Plat 14, Lot 18; 15 Seaside Dr.

v) Residential Assent to Vivian Palmieri to install an osprey nesting platform located at Plat 12, Lot 207 off Beavertail Rd.

vi) Residential Assent to Patricia Young to construct and maintain a single family 5 bedroom dwelling serviced by a DEM approved ISDS and construction of an access road located at Plat 12, Lots 41, 42, & 212 off Beavertail Rd.

vii) Assent to C. Christopher Cannon to perform buffer zone management and establish a shoreline recreation area and repair existing stairway located at Plat 12, Lot 5; 333 Beavertail Rd.

5) RIDEM Notices:

a) Notice re: Project list requests for projects State fiscal year 2003

7) Naval Station Newport Restoration Advisory Board Meeting Minutes 02/20/2002

8) Grow Smart Rhode Island re: Making Good Land Use Decisions

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1) Adoption of Council minutes:

a) 03/11/2002 Regular Meeting

Councilor Littman questioned the motions made relating to the Library Board of Trustees and the appointment of Delia Klingbeil. It was requested that the Clerk review the tape to clarify the motions made. Councilor Littman noted that on page 4 in the second paragraph the word deductions should be reductions.

Councilor Swain noted that on page 11 under Harbor Management Commission, paragraph 5 the word cannon should be cannot.

Approval of the minutes was continued to the April 8, 2002 meeting.

2) Bills and Payroll

Councilor Willis inquired about the bill for Gates Leighton & Associates, Inc. for professional services (archeological) downtown improvement in the amount of $8,498.83. Ms. Willis requested a copy of the material relating to the archeological work done for the Downtown Improvement Project. The Town Planner informed the Council that there would be workshop relating to the Downtown Improvement Project prior to completion of this project.

3) Copies of Minutes of Boards & Committee Meetings:

b) Jamestown Housing Authority (08/15/2001, 09/12/2001, 11/14/2001, 12/12/2002, 01/09/2002, 03/13/2002)

Councilor Willis inquired why these minutes were submitted late to the Council. The Town Clerk informed the Council that Jamestown Housing Authority was contacted when it was found that these minutes were missing.

4) CRMC Notices:

ii) Certificate of Maintenance to RIDEM to replace existing broken and eroded cap and construct a new concrete cap at Ft. Wetherill

Councilor Willis inquired if the Certificate of Maintenance refers to the docks at the entrance to the cove at Ft. Wetherill. The Conservation Commission Chair informed the Council that this refers to the bulkhead on the inside of the cove. The top part of the concrete is collapsing.

6) Resolutions from other Cities & Towns:

a) Town of Johnston

i) An Act Relating to Health & Safety - RI Resource Recovery Corp., Mandatory Buy-Out by Central Landfill

No action was taken on this item.

b) Town of East Greenwich

i) Resolution re: Video Lottery Terminals at Lincoln Downs and Newport Grand Jai Alai

No action was taken on this item.

c) Town of North Kingstown

i) Opposition to Senate Bill S-2665 Agricultural Functions of the DEM

ii) Support of House Bill H-1248 National Housing Trust Fund

No action was taken on these items.

d) Town of Portsmouth

i) Support defeating House Bills H-6831 & H-6664 Health & Safety - Safety and Health for Fire Depts.

It was moved by Councilor Littman, seconded by Councilor Willis to adopt a resolution that would support the defeat of House Bills H 6831 and H 6664 that are now pending on the House floor. So unanimously voted.

It was moved by Councilor Littman, seconded by Councilor Long to approve items 2, 3(b), 4(ii) and 6(a) (b) (c) (d). So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that there would be an executive session later in the evening.

1) Pursuant to RIGL 42-46-5(a) (5) Real Estate (lease negotiations) (per Town Administrator)

2) Pursuant to RIGL 42-46-5(a) (5) Real Estate re: Water Resource Protection Plan

3) Pursuant to RIGL 42-46-5(a) (2) Litigation (per Councilor Willis)

PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled request to address

a) Rep. Bruce Long re: support 2 bills regarding Quonset Point Container Port

Representative Bruce Long reviewed the House Bills 2002-H 7550 and 2002-H 7557 and requested support from the Council.

House Bill H 7550 would freeze any portion of the 1.5 million dollars appropriated for the environmental impact study at Quonset Point which has not already been expended, contracted for, or spent as of the effective date of this act.

House Bill H 7557 would require that any capital improvements related to the construction of a container port would need to be financed through general obligation bonds.

Representative William H. Murphy recommended support of these Bills.

It was moved by Councilor Littman, seconded by Councilor Willis that the Town Council supports House Bill 2002- H 7550 and to convey their support by Resolution to the General Assembly. So unanimously voted.

The Council reviewed the position of the present Town Council and that of prior Town Councils; whereby the Town has expressed great concern with a container port; however, the Town of Jamestown has made every effort to be reasonable and not an obstructionist. In reviewing House Bill 2002- H 7557, concern was raised with the dredging as it was mentioned in this Bill. Councilor Littman stated that the dredging appears to be limited to the container port and therefore would not apply to any other project.

It was moved by Councilor Long, seconded by Councilor Willis to support House Bill 2002- H 7557. So unanimously voted.

b) Town Solicitor Douglas DeSimone

Douglas DeSimone appeared before the Council to address charges that were brought against him. Mr. DeSimone informed the Council that the legal process has taken its course and he assured the Council that he has taken steps to ensure that something like this does not happen again. He apologized to the Council and residents of Jamestown for any embarrassment that he may have caused.

It was the consensus of the Town Council that further discussion would be addressed at the next Town Council meeting under Executive Session.

2) Non-scheduled request to address

Bill Munger, Cole Street, presented a letter of support for UK Sailmakers, present lessee of the upper floor of the Jamestown Golf Course.

Representative William H. Murphy informed the Council that the fish processing vessel Dauriya is presently located off Beavertail and the Kapitan Gorbechev is no longer located in our area. Representative Murphy will continue to keep the Council informed regarding the fish processing vessels.

Representative Murphy also reported that the three Bills submitted to the General Assembly are moving along and by the next Town Council meeting they should have cleared the House.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

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Town Administrator Report

March 25, 2002

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

Rhode Island Emergency Management Council is conducting a tabletop exercise at the Newport Naval Academy. All local municipal governments, and numerous state agencies have been invited to attend this program. I will attend along with Emergency Management Direct Craig Watson and members of the Police and Fire Departments.

Representative Murphy and Senator Paiva-Weed have informed us all bills submitted to the State related to increases in property-tax exemptions have been approved by the House & Senate Corporation Committees. They now go before the full House & Senate.

The closing for the Reimbjias property took place on March 15, 2002. The closing on the Muksian property took place on March 22, 2002.

With spring "officially" here, Yard Works will be back working on the Community Center Project. It is anticipated the project will be completed by the first of July.

The Building & Facilities Committee met with Gannett / Flemming to discuss the two sites proposed for the highway facility. Paul McNevin of Gannett / Flemming informed the committee he anticipates having a final report for the Council at its April 8, 2002 meeting. Included in your packet today is a draft of a final report from GZA GeoEnvironmental. Since there have been questions asked about the former landfill in relation to building a highway facility on lot 47, I would recommend the Council consider having a workshop with both engineering firms in attendance on April 8, 2002.

This workshop can be scheduled from 6:30 pm to 7:30 pm, with the Council meeting starting at 7:30 pm. Both reports can also be included on the regular agenda if the Council chooses to take action on either report on April 8, 2002.

I will be working with the Personnel Board to update the policies and procedures for department heads. This policy has not been updated since it was adopted in 1993.

On March 26, I will be attending the subcommittee hearing at CRMC relating to the High Street right-of-way.

The Town once again will participate in the Hazardous Clean-Up Day, which will be held in the parking lot of Jai Alai in Newport on April 13, 2002.

I have been working with Mr. & Mrs. Mistowski to finalize the lease for the Town's golf course.

Just a reminder, Senator Reed will be in Jamestown on April 8, 2002 at 1:00pm. At this time the Town can present Senator Reed with the proclamation for his assistance in securing the $250,000 grant.

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Council President Settipane noted that the Town Administrator would be in attendance later in the evening and requested that her report be held until that time.

2) Planning Commission

a) Comprehensive Plan: Summary of comments made at public hearing and workshop

The Council reviewed the summary of comments relating to the Comprehensive Community Plan from the Planning Commission. The following requests for changes were made by the Council:

Section reference Request Request made by

Page 4, number 20 updated numbers to be added Settipane

Page 12 affordable housing statistics Littman

The Planner noted that these figures are not presently available.

Addition of page with corrected numbers with a footnote Swain

of explanation

Page 9 add clarification to bicycle paths (A plan Council

should be..............retain roads with rural

character and are compatible with neighborhoods

concern that there was no mention about Swain

horse traffic

Page 4, number 18 review of number of school employees Littman

Page 13, number 40 questioned the total school enrollment Settipane

include declining birth records

Page 13, number 38 should include what the facility can Willis

produce, also consider adding number

of gallon usage for multi-family buildings

Page 13, number 39 possibly change statement to note that there Willis

is a lap over and some people are using both

curbside pickup and the transfer station

Page 11, number 31 change amend to consider amending on Settipane

both (a) and (b)

It was the consensus of the Council that they were in agreement with the items that were not discussed.

The Town Solicitor outlined the procedure for adoption of the Comprehensive Community Plan.

It was moved by Council President Settipane, seconded by Councilor Long to refer the Comprehensive Community Plan to the Town Planner and request that the changes be made and a copy of those changes to be forwarded to the Planning Commission and to the Town Solicitor to obtain an opinion as to whether or not any of these changes are substantive enough to invoke the requirement for additional public hearing and to place it on the Council agenda for approval. So unanimously voted.

b) Community Development Block Grant: Review and Endorsement of Grant by Council

The Town Planner reviewed the procedure that was followed in the application process for State funds from the Community Development Block Grant (CDBG). The funds, in the amount of $250,000, are for the following projects:

1) Acquisition $148,500

2) Operating Costs $ 15,000

3) Pemberton Place $ 50,000

4) Senior Center $ 15,000

5) Public Services (Women's Resource Center) $ 4,000

6) Public Services (24-hour Housing Hotline) $ 1,000

7) Public Services (Health Center) $ 3,500

8) Public Services (Bayside Family Healthcare) $ 10,000

9) Housing Program Income No Cost

Administration $ 3,000

It was moved by Councilor Swain, seconded by Councilor Long to endorse the Community Development Block Grant in the amount of $250,000 as outlined in the memorandum from the Town Planner dated March 21, 2002. So unanimously voted.

3) Beavertail State Park Advisory Committee

a) One vacancy exists (term ending: 5/31/2006 12/31/2005); duly advertised (all interviews complete); if favorable, for appointment

i) Frank D. Meyer

ii) Barry Holland (request for reappointment)

It was moved by Councilor Long, seconded by Councilor Willis to appoint Frank D. Meyer to the Beavertail State Park Advisory Committee for the term ending 5/31/2006 12/31/2005. So unanimously voted.

TOWN ADMINISTRATOR'S REPORT

The Town Administrator presented her report to the Council.

GZA GeoEnvironmental Study

Following a discussion on preparations for a work session with GZA GeoEnvironmental and Gannett/Flemming, it was the consensus of the Council that the work session schedule should be as follows:

April 8, 2002 GZA GeoEnvironmental Work Session

April 16, 2002 Gannett/Flemming Work Session

The Town Council will meet with GZA to discuss the draft Site Investigation Report as presented on March 25, 2002. The Council will meet with a representative from Gannett/Flemming and the Town Building and Facility Committee to discuss recommendations relating to the evaluation of site locations for the Highway Barn Facility.

It was the consensus of the Council that the Town Administrator would provide GZA with a list of questions that may be asked at the scheduled work session.

Report from the Town Planner

Council President Settipane expressed his concern with the length of time that it is taking to prepare a High Groundwater Table Ordinance for the Council to review. The Town Planner informed the Council that the Planning Commission will review data for this ordinance at their next meeting.

It was the consensus of the Council that the High Groundwater Table Ordinance should take priority over other projects of the Planning Commission.

4) Town Clerk

a) Memorandum re Committees

b) Committees: Update copy for Council along with advertisements (per Councilor Willis)

In reviewing the list of committees appointed by the Town Council, Council President Settipane noted that committees are advisory to the Council. Additionally, Council President Settipane stated that all committees are subject to the Open Meetings Law and are required to file minutes with the Town Clerk within thirty-five days of the meeting or by the next regularly scheduled meeting; which ever is earlier.

Councilor Littman suggested that because some committees do not meet on a regular basis it would be necessary for them to file unofficial minutes with the Town Clerk until their minutes were approved at their next committee meeting.

Councilor Willis noted workshops are considered to be public meetings and as such would require minutes. The Town Solicitor advised that minutes for workshops must contain the date, time, place of meeting, members present and a brief outline of items discussed and recommendations.

It was the consensus of the Council to direct the Town Clerk, Town Administrator and Town Solicitor to address the Open Meetings Law and to ensure that the Town of Jamestown is in compliance and the citizens have access to these records. In addition, it was requested that a policy and procedure for committees be prepared.

5) Harbor Management Commission

a) Letter from Chair re: Richard Anderson

David Pritchard, Harbor Management Commission Chair, informed the Council that the letter he sent was a personal letter from him sent to the Council in order to address the interpretation of "Interested, Otherwise Unaffiliated" position on the Harbor Management Commission. Council President Settipane requested that the Town Solicitor review the position and advise the Council if Mr. Anderson is eligible to represent that position.

Craig Amerigian, Narragansett Avenue, discussed a previous incident whereby a member of the Harbor Management Commission resigned because it was believed he was ineligible for the position he was appointed to. Mr. Amerigian informed the Council that Mr. Anderson is a member of the Concerned Boaters Association and as such should not be considered "Interested Otherwise Unaffiliated".

Mr. Anderson responded that he would at the proper time, like to address the technical issues relating to the position of Interested Otherwise Unaffiliated. Mr. Anderson further noted that he was not involved with the incident mentioned by Mr. Amerigian.

It was the consensus of the Council that the Town Solicitor review all applications and letters of interest for the Harbor Management Commission to ensure that all members are in compliance with eligibility requirements and to put this on the next Town Council agenda.

UNFINISHED BUSINESS

1) Adopt-a-Spot Program (cont. from 02/25/2002)

The Town Administrator noted that the updated policy would be forwarded to the Council for their review.

2) Library Parking & Traffic Plan (cont. from 02/25/2002)

The Town Planner advised the Council that the Parking and Traffic Plan should be reviewed by an engineer to determine if this is a feasible plan.

3) Conanicut Island Land Trust

a) Letter re: purchase & protection of Plat 4 Lot 115 (cont. from 02/25/2002)

The Town Administrator reported that she is working with RIDEM and the Conanicut Island Land Trust to resolve the issue of a change in the conservation easement as it relates to the pipeline for the Town on the Ryng property. This will be further addressed at a future Town Council meeting.

4) Lease of Golf Course: Request for Proposal due to Council (cont. from 02/25/2002)

The Town Administrator noted that she has received three proposals for lease of the upper floor of the Jamestown Country Club building. The Town Administrator recommended that she, another Department Head and a member of the Council interview the three candidates and make a recommendation to the Council for their consideration. The Town Administrator noted that the Recreation Department is at full capacity in their programs and recommended that the Council consider their proposal.

Councilor Swain noted that the Country Club has a limited number of parking spaces and inquired as to how many spaces the Recreation Department would need if they were awarded the lease.

Councilor Willis inquired if there were long-range plans for this building. The Town Administrator noted that to date there have been no studies done relating to the future use of the building.

It was the consensus of the Council that the lease of Golf Course be put on the next Town Council agenda and to set up an interview schedule beginning at 6:30 on April 8, 2002 for the proposed lessees.

5) Comprehensive Community Plan (cont. from 3/11/2002)

Previously addressed.

6) Planning Commission

a) Proposed Zoning Ordinance changes re: Open Space & Public Zone including Development Plan Review (cont. from 03/11/2002)

The Town Solicitor reviewed the procedure for hearing a Proposed Zoning Ordinance Amendment when recommended by the Planning Commission. Pursuant to Section 1701 - Procedure for Adoption or Amendment states that the Town Council shall hold a public hearing with sixty-five (65) days of receipt of a proposal, giving proper notice as prescribed in Section 1703.

It was the consensus of the Council to advertise for a hearing on the Proposed Zoning Ordinance Amendment regarding open space and public zone including the development plan review to be held on April 22, 2002.

COMMUNICATIONS

1) Letters in support of UK Sailmakers:

a) Donald C. Bresnan

b) Alden "Skip" Walls

c) Charles J. Pyle

d) Jack Sheehan

e) James Keller

It was moved by Councilor Long, seconded by Councilor Swain to accept the communications in support of UK Sailmakers. So unanimously voted.

2) Letter from the Jamestown Shores Assoc. re: ISDS Plat 16 Lot 12

It was moved by Councilor Littman, seconded by Councilor Swain to accept the letter from the Jamestown Shores Association. So unanimously voted.

XI. NEW BUSINESS:

1) Sunday Sales Renewal Licenses:

a) Trattoria Simpatico

It was moved by Councilor Willis, seconded by Councilor Littman to approve the Sunday Sales License for Trattoria Simpatico. So unanimously voted.

2) Peddler Renewal License:

a) Del's Lemonade

b) Freddie Bing's Hotdog Thing

It was moved by Councilor Swain, seconded by Councilor Long to approve the Peddler License for Del's Lemonade and Freddie Bing's Hotdog Thing. So unanimously voted.

3) One Day Peddler License:

a) Central Baptist Church Flea Market for June 22nd

(Request to waive $5 Application fee)

It was moved by Councilor Long, seconded by Councilor Willis to approve the One Day Peddler License for Central Baptist Church Flea Market for June 22nd and to waive the $5.00 application fee. So unanimously voted.

4) Request of Doriana Carella and Andrea Colognese to pave in front of 2

Watson Ave.

The Town Administrator informed the Council that the Public Works Department has put crushed stone in the area in from of 2 Watson Avenue. It was moved by Councilor Long, seconded by Councilor Swain to accept the communication from Doriana Carella and Andrea Colognese. So unanimously voted.

5) Resolution for short term borrowing re: sewer treatment plant rehab

Following a review of the Resolution for short term borrowing and noting the change in the amount in Section 5 from $780,000.00 to $500,000.00, it was moved by Councilor Littman, seconded by Councilor Swain to approve the resolution for short term borrowing regarding the Sewer Treatment Plant. So unanimously voted.

6) Quonset Point: 2 bills for Council consideration

Previously addressed.

7) Review of Open Meetings Law (per Councilor Settipane)

Previously addressed.

Council President Settipane announced that there would be a five-minute break at 10:36 PM prior to entering into Executive Session.

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Council President Settipane to enter into Executive Session at 10:45 PM, pursuant to RIGL 42-46-5(a) (5) real estate and RIGL 42-46-5(a) (2) litigation. The vote was Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; and Council President Settipane, aye. The motion passed.

1) Pursuant to RIGL 42-46-5(a) (5) Real Estate (lease negotiations) (per Town Administrator)

2) Pursuant to RIGL 42-46-5(a) (5) Real Estate re: Water Resource Protection Plan

3) Pursuant to RIGL 42-46-5(a) (2) Litigation (per Councilor Willis)

The Council returned from Executive Session at 12:00 PM. It was moved by Councilor Long, seconded by Council President Settipane to seal the minutes of the Executive Session. It was voted Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis aye; Council President Settipane, aye. The motion passed.

It was moved by Council President Settipane, seconded by Councilor Long to authorize the Water Resource Protection Committee to enter into negotiation on property that was discussed in Executive Session and report back to the Council. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to authorize the Town Administrator to enter in a lease agreement on rental terms as discussed in Executive Session, subject to the approval of capital improvement items with sufficient proof in value to the satisfaction of the Town Administrator. So unanimously voted.

There being no further business before the Council it was moved by Council President Settipane, seconded by Councilor Long to adjourn the meeting at 12:05 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk