TOWN COUNCIL MEETING

May 13, 2002

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:04 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:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Town Solicitor

James R. Bryer, Fire Chief

Lisa Bryer, Town Planner

Stephen Goslee, Public Works Director

Matthew Bolles, Parks and Recreation Director

Dennis Webster, Quonset Davisville Liaison Committee Chair

Fred Pease, Town Sergeant

David Pritchard, Harbor Management Commission Chair

Christopher Powell, Conservation Commission Chair

Representative Bruce Long

Representative William H. Murphy

Police Chief, Thomas P Tighe arrived at 10:00 PM

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1) 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 license transfer under said Act, for the year ending December 1, 2002:

Application duly advertised in the Newport Daily News on April 26th & May 3rd.

TRANSFER:

CLASS B-VICTUALER

Schoolhouse Café, Inc.

dba: Beavertail Grill

14 Narragansett Avenue

Jamestown, RI 02835

TO:

SeaDish, Ltd.

dba: Tricia’s Tropigrille

14 Narragansett Avenue

Jamestown, RI 02835

Attorney John Murphy, representing Chuck Masso, owner of Tricia’s Tropigrille noted that it was his understanding that all outstanding bills had been paid. Chuck Masso informed the Council that the restaurant is in the process of being renovated and expects it to be completed in a few weeks.

The Town Solicitor informed the Council that the appeal filed against the Beavertail Grille has been dismissed and that the Council is free to act on this transfer.

David Pritchard, 45 Windsor Street informed the Council that his daughter Leah is still owed $143.00 by the Beavertail Grille.

Stephen Tiexiera, 91 Holland Avenue, owner of Island Rubbish informed the Council that there is approximately $500.00 still owed to Island Rubbish.

Councilor Littman inquired if it is permissible for one person to hold two liquor licenses. The Town Solicitor responded that it is permissible.

The Town Solicitor informed the Council that claims may be considered and should be paid by the transferor.

It was moved by Council President Settipane, seconded by Councilor Littman to approve the transfer of a Class B- Victualer Liquor License from Schoolhouse Café, Inc., dba: Beavertail Grill to SeaDish, Ltd. d/b/a Tricia’s Tropigrille, subject to payment of outstanding bills, including Thomsen Foodservice Supply, Charles Fradin, Inc., Hallsmith-Sysco Food Services, David Pritchard on behalf of his daughter Leah, and Island Rubbish. So unanimously voted. All claims to be filed with the Town Clerk.

NEW LICENSE:

SeaDish, Ltd.

dba: Tricia’s Tropigrille

14 Narragansett Avenue

Jamestown, RI 02835

    1. Newport Daily News Advertisements
    2. Objection Letters:
      1. Thomsen Foodservice Supply
      2. Charles Fradin, Inc.
      3. Sysco Corp.

CONSENT AGENDA

It was requested that items 2, 4 (c ) (ii), 5 (a), (b), (d) and 6 be removed from the Consent Agenda. It was moved by Council President Settipane, seconded by Councilor Long to accept the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of:

    1. Adoption of Council minutes:
      1. 04/22/2002 Regular Meeting

3) Copies of Minutes of Boards & Committee Meetings:

    1. Harbor Management Commission

i) Sub Committee (04/02/2002, 04/18/2002)

b) Town Charter Review Committee (04/09/2002, 04/16/2002, 04/27/2002)

    1. Personnel Board (05/23/2001, 04/02/2002)
    2. Tree Preservation and Protection Committee (01/16/2002)
    3. Jamestown Housing Authority (03/12/2002)
    4. Library Board of Trustees (03/19/2002)
    5. Zoning Board of Review (03/26/2002)

4) CRMC Notices:

    1. May 2002 Calendar
    2. Assents:
    3. i) John & Grace Pagano, 47 Seaside Dr. to construct additions and renovations to an existing three bedroom dwelling by removing an existing carport, constructing a two story attached garage and master bedroom addition, a sunroom, attached shed, a new driveway and associated landscaping located at plat 14, lot 10; 47 Seaside Dr.

      ii) Town of Jamestown to construct installation of a three two inch observation wells adjacent to the main production well (#1) and construct one 24-hour Pump Test on Filter Station Well #1 or until Filter Station Well #1 runs dry; located at Plat 6, Lot 1; North Main Rd.

      iii) Bradford Swett, 49 East 96th St., NY, NY to Raze and remove an existing dwelling and construct a new dwelling with a terrace area. The existing septic system will be abandoned and a new Town sewer line will be installed; located at Plat 9, Lot 300; 45 Walcott Ave.

      iv) Steven Evangelista & RI Yankees, Inc. to construct a 5 bedroom dwelling and a garage with a three bedroom in-law apartment – both to be serviced by a private ISDS, pool and pool house, patios, private well, landscaping, driveway, etc.; located at Plat 4, Lot137 & 138; East Shore Rd.

    4. Certificate of Maintenance:
      1. Paul T. Hines re: replace windows, door and siding on shed located at Plat 15, Lot 204; 235 Seaside Dr.
      2. Daniel Capuano re: construct maintenance repairs to a failed ISDS located at Plat 2, Lot 69; 648 East Shore Rd.
    5. Finding No Significant Impact:
      1. Robert & Donna Rizzo re: construct a six foot radius brick and/or stone fire pit; located at Plat 1, Lot 132; 80 Orient Ave.
      2. Town of Jamestown re: repave existing paved roads within campground to a 13 foot width; located at Plat 11, Lot 8; Ft. Getty Campground
      3. Harrison Wright re: Prune arrowwood, shrubs, deadwood from trees and remove debris, located at Plat 10, Lot 59
    6. Modification Notice:
      1. J. Ferdinand & James D. Bishop, Sr. Trustees, to construct modifications to an existing residential boating facility by adding a ramp and elevator type platform supported by four pilings; located at Plat 8, Lot 268; Bryer Point
    7. Cease & Desist Order:

i) Michael Rocchio for alteration of a CRMC designated buffer zone. The buffer zone has been mowed and there are cars, construction equipment and a portable toilet located at Plat 4, Lot 108; 530 East Shore Rd.

5) RIDEM Notices:

c) Proposed ISDS Requiring Variance #0115-2922 from ISDS Regulations

7) Zoning Board of Review abutter notification to the Town of Jamestown re: the application of Nancy Kolman Ventrone of 77 Reservoir Circle; Plat 4, Lot 68 for a variance from Article 36, Section 3-2 (District Dimensional Regulations) to construct a one car garage which will be ten feet from the easterly lot line instead of the required 20 ft.

8) Town of Bristol regarding the endorsement of House Bill 2002-H 7866 Local Cable Television Advisory Council

9) Press Releases:

    1. Harbor Management Commission
    2. Quonset/Davisville Liaison Committee
    3. 10) Tax Abatement/Addenda

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

      2) Bills and Payroll

      Following clarification by the Town Administrator, it was moved by Councilor Willis, seconded by Councilor Swain to approve the Bills and Payroll. So unanimously voted.

      4) CRMC Notices:

    4. Certificate of Maintenance:

iii) Town of Jamestown re: regrade road to eighteen foot width, fill depressions with gravel, no work to occur on coastal wetlands; Plat 9

The Town Administrator informed the Council that this Certificate of Maintenance is for the Maple Avenue Eagle Scout project.

It was moved by Councilor Littman, seconded by Council President Settipane to accept the CRMC Notice. So unanimously voted.

5) RIDEM Notices:

    1. Wetlands Open House – Tuesday, May 14th from 4-8 PM
    2. It was suggested by Council President Settipane that someone from the Town attend the Wetlands Open House.

    3. National Boating Infrastructure Grant Program

It was moved by Councilor Willis, seconded by Council President Settipane to refer the National Boating Infrastructure Grant Program to the Harbor Management Commission for their review.

d) Storm Water Planning Grant Application Workshop

The Town Administrator reported that the application for the Storm Water Planning Grant is being prepared by Fuss and O’Neill. It is expected that the application will be completed within the next week.

It was moved by Council President Settipane, seconded by Councilor Swain to accept the RIDEM Notices (a), (b) and (d). So unanimously voted.

6) Women’s Resource Center re: Community Garden

The Town Administrator noted that currently the Town contributes approximately $400.00 to the Women’s Resource Center. The present request is for additional funds.

It was moved by Councilor Littman, seconded by Council President Settipane to appropriate an additional $125.00 to the Women’s Resource Center for a brick to be placed in their community garden "from the Town of Jamestown." So unanimously voted.

It was moved by Councilor Littman, seconded by Council President Settipane to accept the letter dated April 22, 2002 from the Women’s Resource Center. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that the Council would be holding an executive session pursuant to RIGL 42-46-5(a) (5) Real Estate to discuss lease negotiations and proposed land acquisition and RIGL 42-46-5(a) (1) Personnel to discuss issues relating to a letter written by Randall Tyson.

Attorney Charles Levesque (136 West Main Road, Middletown) representing David Pritchard objected to any executive session to discuss his client and requested that any discussion occur in open session, further noting that Mr. Pritchard is not an employee of the Town, but rather a volunteer on a committee. Mr. Levesque requested a copy of the opinion letter forwarded to the Council by the Town Solicitor.

President Settipane noted that there were personnel issues discussed in the opinion letter and therefore, he did not believe that the letter as presented to the Council could be released. Following a discussion it was decided that portions of the letter could be redacted and forwarded to Mr. Levesque and Mr. Pritchard.

It was moved by Council President Settipane, seconded by Councilor Littman to redact those portions in the opinion letter that discuss personnel, other than the personnel that is receiving it and to release publicly for information non-personnel areas. So unanimously voted.

The Town Solicitor noted that the Town Administrator and Harbormaster received proper notification and may request to be heard in open session.

The Town Administrator requested that personnel issues directly relating to her be discussed in open session. It was also noted that the Harbormaster has requested through his attorney that this matter be put over so that specific concerns could be further addressed.

Council President Settipane noted that the discussion relating to personnel would continue later in the evening when the Town Solicitor has completed edits to his letter of opinion. All other executive session business will be addressed under executive session on the agenda.

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

    1. Lease Negotiations

2) Pursuant to RIGL 42-46-5(a) (5) Real Estate

    1. Water Resource Protection Committee re: report on potential land acquisition

3) Pursuant to RIGL 42-46-5(a) (1) Personnel

    1. Town Administrator, Maryanne Crawford
    2. Harbormaster, Samuel Patterson
    3. Harbor Management Commission Chair, David Pritchard

PUBLIC HEARINGS

1) Proposed changes to the Zoning Ordinance relating to Open Space and Public Zones including Development Plan Review (cont. from 04/22/2002)

Council President Settipane opened the public hearing on the proposed changes to the Zoning Ordinance relating to Open Space and Public Zones including Development Plan Review at 7:40 PM.

Council President Settipane inquired what the proper order for consideration should be for the Comprehensive Community Plan and the proposed Zoning Ordinance amendment.

The Town Solicitor advised that the hearing on the proposed Zoning Ordinance amendment should be completed and then a decision can be made as to whether or not the Council would act upon the proposed amendment, make changes to it or reject it in its entirety.

The Town Planner reviewed the purpose of the proposed amendment; that being, to develop a Public Zone amendment as the most appropriate method of classifying and regulating public/municipal uses. The implementation of a public zone creates specific use restrictions and dimensional regulations.

Council President Settipane opened the hearing for discussion.

Speaking in opposition to the proposed Zoning Ordinance were the following:

Andrew Teitz, Esq., 2 Williams Street, Providence, representing several of the neighbors to lot 47. Mr. Teitz noted that his clients are specifically concerned with the inclusion of lot 47 in the public zone. Mr. Teitz presented the Council with ten exhibits, as follows:

Exhibit #1 Resume of Anthony W. Lachowicz

Exhibit #2 Letter from Anthony W. Lachowicz

Exhibit #3 Future Land Use Map Town of Jamestown (MH 11/01)

Exhibit #4 Public Facilities Map Town of Jamestown (MJV 10 21 90)

Exhibit #5 Abutters List Plat 2 Lot 47

Exhibit #6 Analysis of Gannett Fleming Estimate of Probable Cost

Exhibit #7 Highway Department Operations Cost Analysis (REV E)

Exhibit #8 Qualifications of Peter M. Scotti, MAI

Exhibit #9 Report from Peter M. Scotti & Associates

Exhibit #10 Color Map (portion)

Mr. Teitz informed the Council that Michael Dutton has been added to his list of clients.

Peter Hansen, 246 America Way opposed the inclusion of lot 47 in the public zone.

Christine Richard, 49 Prospect Avenue, opposed.

Ronald Ryng, 10 Summit Avenue, opposed.

Rosemary Woodside, 23 Skysail Court, opposed for environmental reasons.

Glenna McCaffery, 982 East Shore Road, opposed.

Randall Tyson, 229 Seaside Drive, inquired if the schools would need to be rezoned and what restrictions would be placed on the playground and skateboard park. Mr. Tyson indicated that all the ramifications to putting property into a public zone have not been looked into.

The Town Planner noted that the school falls under the governmental school category. The school operates under a special use permit.

Sandra Reynolds, 1290 North Main Road, opposed.

Lynda Gaines, 1116 East Shore Road, opposed.

Donna O’Neill, 33 Summit Avenue, requested that the Council amend the proposed Zoning Amendment to omit lot 47. Lot 47 is located in an RR80 zone and is contiguous with 48 acres on Cajacet Farm and contiguous with 32 acres of property that the Town purchased for open space as a significant recharge area.

David King, 1180 North Main Road, opposed lot 47 would like to keep it as open spaces.

Kenneth Lombardo, 78 Summit Avenue, opposed to lot 47.

John Mecray, 24 Constellation Court, opposed to lot 47 being changed. Mr. Mecray expressed his concerns with endangering the water supply at the North end of the island

Speaking in favor of the proposed Zoning Ordinance were the following:

Gerard Barrette, 213 Seaside Drive, lot 47 should be placed in the public zone because in 1985 it was purchased specifically for the relocation of the highway barn.

Craig Amerigian, Narragansett Avenue, some of the comments made by Mr. Teitz could be considered for other places that are being considered for that purpose. Lot 47 is contiguous with a piece of property that the Town is using in a public way already.

Dennis Webster, Mount Hope Avenue, noted that at the last Town Council meeting whether or not the public zoning should be amended to include housing was discussed. Mr. Webster stated that it would be reasonable to allow some types of residential housing in the public zone such as single family houses and duplexes which could be allowed by right, larger housing by special use permit. Also previously discussed was the effect that zoning a piece of property as public would have on its resale value, it seems that if the Council were contemplating selling a piece of property that was zoned public you would first rezone it into the zone of the contiguous property before it was sold. That would require a public hearing. Finally, regarding lot 47 is contiguous to the transfer station and was bought over fifteen years ago for the intended purpose of using it for a future public works facility. Mr. Webster noted that he was in favor of lot 47 being zoned public. Mr. Webster also noted that there is a well located on that property that might be used to support a future highway barn.

Councilor Swain inquired if table 3-1 under permitted uses, Mr. Webster is suggesting changing the designation from no to yes by right and where multi-family and larger would be changed from "S" for special use permit. Mr. Webster confirmed those suggested changes.

Arthur Christman, Windsor Street, supported the inclusion of lot 47.

Joyce Allman, Bay Terrace, supported the inclusion of lot 47

Karen Easton, 7 Seaview Avenue, in support of lot 47 being included in public zone.

Mary Webster, Mount Hope Avenue, in favor of all changes, in particular the inclusion of lot 47 in the public zone.

Other comments:

Rena Tyson, 229 Seaside Drive inquired why we need public zones.

William Munger, Cole Street, inquired what the new setbacks would be for expansion of non-conforming use.

The Town Planner noted that currently public facilities are allowed in the residential districts to the commercial districts all over the island. The creation of public zones would enable the Town to specify particular parcels as public rather than entire areas.

Council President Settipane noted that the "Use Table" shows the specific restrictions for each zone.

The Town Solicitor noted that should the Town Council vote to adopt the Zoning Ordinance relating to Public Zones, it does not mean that the Town is automatically entitled to donate the use of any particular lot to the construction of a highway barn. The proposal would first have to go to the Zoning Board of Review for obtaining a special use permit.

The Council discussed several aspects of the proposed zoning amendment with clarification being offered by the Town Planner.

It was moved by Councilor Long, seconded by Councilor Willis to close the public hearing at 8:40 PM. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to continue discussion on the proposed Public Zone to the Town Council agenda to June 10, 2002. So unanimously voted.

It was moved by Councilor Willis, seconded by Councilor Long to continue discussion to May 28, 2002. So unanimously voted.

It was unanimously voted to continue discussion on the proposed Public Zone to the Town Council agenda to May 28, 2002.

a) Letter from Dennis Webster

    1. Letter from Philip & Marcia Lindsay

It was moved by Councilor Littman, seconded by Councilor Swain to accept the letters from Dennis Webster and Philip and Marcia Lindsay. So unanimously voted.

OPEN FORUM

    1. Scheduled request to address
      1. Stephanie Amerigian re: Town Solicitor comments pertaining to possible Ethics violation

      The Town Solicitor noted that there is a distinction between the functions that Council members serve in. Council members can serve in a quasi-judicial function (such as sitting as the Board of Licensing Commissioners) and must come to the table with no preconceived notions or predisposition; however, when a Council member serves in a legislative function, it is entirely appropriate for that person to come with a position in mind. In particular, it is appropriate when a person’s campaign was known on that issue.

      Ms. Amerigian noted that it was her belief that Councilor Willis has a conflict of interest because of a petition signed by Ms. Willis that stated her property would be devalued if the highway barn were to be put on lot 47.

    2. Non-scheduled request to address

Mary Webster, Mount Hope Avenue, informed the Council that the 1998 petition previously discussed was about the transfer station, there was no mention of lot 47.

Dennis Webster, Quonset Davisville Liaison Committee Chair informed the Council that he attended the Governor’s briefing on the Environmental Impact Statement and would be forwarding information to the Council at their next meeting. Additionally, Mr. Webster mentioned that the public meetings for the Environmental Impact Statement are scheduled for June 4, 2002 in the northern part of the State and on June 6, 2002 in North Kingstown.

Mr. Webster informed the Council that the bids for the EIS consultant are due by May 17, 2002 and requested that the Council appoint an interview committee at their May 20, 2002 meeting. Mr. Webster suggested that the committee consist of two members of the Town Council and two members of the Quonset Davisville Liaison Committee.

Councilor Willis addressed the issue of conflict of interest, noting that the Ethics Commission is very clear on what a conflict of interest is. You must have a reasonable expectation that you will have a direct monetary gain or direct monetary loss. Councilor Willis stated that her property is well over 1,000 feet from lot 47 and the idea that it would devalue her property or make a direct monetary loss is ridiculous.

Richard Allphin, Clarke Street suggested that the Ethics Commission be asked for an opinion on whether Councilor Willis has a conflict of interest rather than wait until a vote is challenged

Craig Amerigian, Narragansett Avenue, presented a petition signed by 851 residents urging the Council to move forward in locating the highway barn at the transfer station site.

It was moved by Council President Settipane, seconded by Councilor Long to accept the petition presented by Mr. Amerigian. So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Littman to set the interview committee on the agenda for the Water Sewer meeting on May 20, 2002. So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (submitted)

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

Town Administrator Report

May 13, 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

As I informed you at the last Council meeting, I spoke with Steve Goslee about the possibility of using the front portion of the Muksian property as a parking lot for this upcoming summer season. He said the Public Works Department could install an entrance / exit on Grinnell Street and lay blue stone for a parking area. The Public Works Department will have this project completed by the end of May. I have since found out that prior to beginning the project, the Town must submit its plans to the Planning Commission for sight plan review. The Town is scheduled to go before the Planning Commission on June 5th; I will keep you informed of the status of the project.

As you all are aware, the Town experienced a seven-hour power outage on April 28, 2002. The outage was cause by a burned out insulator cable which knocked down the secondary cable. Emergency Management Director Craig Watson and I initially evaluated the situation. We decided if the power was still out at 9:00 pm, another preliminary meeting would be held consisting of Craig Watson, Chief Tighe, Steve Goslee, Council President Settipane and I. At this meeting we re-assessed the situation to determine if further action was necessary including the activation of the full Emergency Management Council. Since we were told power would likely be restored within a few hours, we decided it wasn't necessary.

I received a request from the Central Baptist Church to use the Town Hall parking lot and restrooms for their annual Summer Fair. The restrooms will be used as a changing room to try on clothes being sold at the Fair. In the past the Town has granted permission to use the Town facilities and I intend to grant permission again this year.

Included on your agenda this evening is a communication from the Fire Department announcing the new officers. I am sure you have noticed one name is missing from the list. ARTHUR CHRISTMAN. After serving as Fire Chief for six years and a volunteer firefighter for more than thirty-five years, Chief Christman has decided to retire. I personally want to thank Chief Christman for his unselfish dedication to the residents of Jamestown. I also would like to thank his wife Dee, who I am sure, was up many nights waiting for Arthur to return home from a fire or rescue call.

The sheer number of hours this man put in on behalf of this Town and its residents, with his only goal being to serve the Islanders to the very best of his and the Department's ability, deserves the highest praise from all of us. Arthur epitomizes the true spirit of public service. With his retirement, we welcome Bob Bryer to his new responsibilities as Chief.

Attached please find information on Wastewater Treatment Plants, which was requested by Councilor Willis.

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Council President Settipane joined with the Town Administrator in honoring Chief Christman and in welcoming Chief Bryer.

Councilor Willis requested information relating to the High Groundwater Table Ordinance. The Town Planner reported that there were some major draft revisions that have been sent to the Town Solicitor for rewriting and it is expected that it will be on the next Planning Commission agenda.

There was discussion regarding the proposed Watercraft Ordinance. Council President Settipane noted that the State is working on legislation relating to watercraft.

Councilor Willis requested a bar graph showing the progress regarding the transfer station.

Councilor Swain expressed the need for State approval for the curb cut on Narragansett Avenue, a State Road, for parking on property recently purchased at the corner of Grinnell Street and Narragansett Avenue. The Town Administrator noted that plans are being considered for the curb cut to be on Grinnell Street – a Town road.

William Murphy, Affordable Housing Committee member, reported that the town owned building on Grinnell Street is being looked at by Affordable Housing and that the parking situation would have no impact on their consideration.

The Town Administrator informed the Council that she would provide a report from the Parks and Recreation Director on the maintenance of the rights-of-way.

The Council took a break at 9:38 PM and returned at 9:50 PM.

Council President Settipane requested that GZA GeoEnvironmental be allowed to address the changes to their report at this time.

Items from the agenda taken out of order:

Unfinished Business

    1. GZA GeoEnvironmetal Report re: changes as requested by Town Council (cont. from 03/25/2002)
    2. Edward Summerly, P.G., Associate Principal, GZA GeoEnvironmental, reviewed the changes, dated May 6, 2002, to the Site Investigation Work Plan.

      Mr. Summerly estimated that the cost of the closure for the former landfill – including storm water control, as recommended by the Rhode Island Department of Environmental Management (RIDEM), would be between $250,000.00 and $400,000.00. The timetable for closure would be approximately sixty (60) days. The Design Plan could be approved by RIDEM sometime in November or December; however, it was noted that the remediation could be done in phases.

      It was moved by Councilor Settipane, seconded by Councilor Long to approve the Site Investigation report from GZA GeoEnvironmental, Inc. for the Town of Jamestown for property identified as the former Jamestown landfill, the site located on North Main Road in Jamestown, Rhode Island and also that the Plan and the Site Investigation being the same be forwarded and filed with the RIDEM. So unanimously voted.

      1) Community Comprehensive Plan (continued from 04/08/2002); if favorable motion to authorize advertising for a new hearing:

      a) Planning Commission

          1. Comprehensive Community Plan changes

The Town Planner reviewed the changes submitted to the Council in her memorandum dated May 8, 2002.

Additional changes recommended by the Council were:

The Action Plan should be changed to state "consider" amending the Zoning Ordinance (Action Plan letter [f]).

Page 27:

Page 28:

The Town Solicitor informed the Council that if there are substantial changes being made to the Comprehensive Community Plan it would be necessary to re-advertise for another hearing. Additionally, the Town Solicitor noted that following the next hearing the Council could adopt the Plan provided that any changes made at that time are not substantial.

It was moved by Council President Settipane, seconded by Councilor Littman to send the Community Comprehensive Plan to the Town Planner for the changes as directed by the Council; said changes to be: The Action Plan should be changed to state "consider" amending the Zoning Ordinance (Action Plan letter [f]), Page 27, Second Paragraph, Minimizing costs of such projects should be a high priority without compromising the integrity of any project "and the health safety and welfare of our residents"; Page 28, First paragraph, The Public Facility designation indicates areas "which may be" appropriate for a range….; Second paragraph, The areas shown as red stippled around the public facility designation depicts areas "which may be" appropriate for public facility….; and Fourth paragraph, The corresponding FUTURE LAND USE Map reflects the above stated land use recommendations and will "may" be used in…. and to advertise those changes for a hearing for June 10, 2002. So unanimously voted.

Return to agenda:

2) Harbor Management Commission

      1. Letter from the Harbor Clerk re: Pump-out Bid Approval
      2. The Harbor Commission Chair recommended acceptance of the bid for the pump-out units.

        It was moved by Council President Settipane, seconded by Councilor Willis to accept the bid from Edson International in the amount of $13,665.60 for the purchase of two new pump-out units, one unit to be installed at East Ferry and one at West Ferry. So unanimously voted.

      3. Schedule Workshop for May 20th for Harbor Ordinance revision
      4. It was moved by Council President Settipane, seconded by Councilor Long to start the Board of Water and Sewer Commissioners meeting at 6:30 PM and to schedule a joint workshop between the Harbor Management Commission and the Town Council concerning the draft revisions to the Harbor Management Ordinance on May 20, 2002 at 7:30 PM. So unanimously voted.

      5. Copy of letter to Town Administrator re: additional temporary Harbor Office help
      6. i) Copy of letter to Town Administrator re: additional information

        It was moved by Councilor Long, seconded by Councilor Swain to accept the communication regarding temporary office help for the Harbor office. So unanimously voted.

      7. Letter from Town Solicitor re: review of Harbor Management Commission administration

The Town Solicitor reviewed his letter in reference to the Council, at the request of the Harbor Management Commission and the Town Administrator having authorized Town Department Heads to render assistance to the Commission. It was the opinion of the Town Solicitor that given that the Harbor Ordinance requires the Administrator’s approval of expenditures and for additional staffing, the actions of the Administrator and the Council comply with the Ordinance.

It was moved by Council President Settipane, seconded by Councilor Long to accept the letter dated May 13, 2002 and to forward a copy to the Harbor Management Commission. So unanimously voted.

Town Council President Settipane requested that item #4 under Unfinished Business addressed at this time.

4) Letter submitted by W. Randall Tyson (continued from 04/08/2002)

OPEN SESSION REQUEST BY Harbor Commission Chair and Town Administrator

Harbor Commission Chair, David Pritchard:

Following receipt of a redacted copy of the Town Solicitor’s letter to the Council, Attorney George Levesque was prepared to discuss his client’s position as Harbor Management Commission Chair.

The Council President noted that there was no prejudgment on the part of the Council in addressing any of the allegations submitted by Mr. Tyson.

Mr. Pritchard informed the Council that he has continually pointed out that the Commission has been "at odds" with the Harbor Ordinance. Mr. Pritchard specifically referenced the Harbormaster as Executive Director. The Harbormaster position was changed in 1993 to that of a seasonal worker. Mr. Pritchard stated that it has been an ongoing effort to amend the Harbor Ordinance and hopefully the planned workshop with the Council will address the issue of what roll the Harbormaster and the Town Administrator should have and also what the roll of the Executive Director or liaison should be.

Additionally, Mr. Pritchard noted that the letter presented by Harrison Wright summarizes many of his concerns.

Mr. Levesque requested that the confidential letter submitted by Mr. Harrison Wright be entered into the record.

The Council further discussed the need for changes to the Harbor Ordinance and the Harbor Management Comprehensive Plan in order to bring these documents up-to-date with today’s practices and procedures.

Councilor Swain addressed the issue of the Harbormaster being assigned to work at the Sewage Treatment Plant.

Council President Settipane noted that it was approved by the Harbor Management Commission subject to the reimbursement by Sewer and Water to the Harbor Management Commission for the down time of the Harbormaster when he was not needed.

Councilor Long requested that Mr. Wright’s letter be put on a future agenda for discussion.

Town Administrator:

Council President Settipane noted that the Town Solicitor’s letter to the Council has addressed the issue of Mr. Paterson being assigned to the Water Sewage Treatment Plant. Specifically, it was the Town Solicitor’s opinion that the Town Administrator did not act inappropriately or violate the Harbor Management Ordinance.

Councilor Willis requested additional information relating to the Harbormaster being assigned to the Water Sewage Treatment Plant.

The Town Administrator informed the Council that she had advertised for temporary help at the plant. She was unable to fill the temporary position and therefore suggested hiring either someone from the Recreation Department or the Harbormaster to fill that position. It was brought before the Harbor Management Commission by Chief Tighe.

The Town Administrator reported that the proper accounting procedures for payment and reimbursement to the Harbor Management Fund were followed.

Councilor Littman noted that it has been the procedure of the Town Council to interview applicants for the Harbor Management Commission and has not been the responsibility of the Town Administrator, as stated in the Town Solicitor’s letter.

Councilor Swain noted that each allegation was covered in a letter of opinion from the Town Solicitor and inquired if there was any additional information or concerns to be addressed.

There being none, it was moved by Council President Settipane, seconded by Councilor Littman to conclude the review of the Town Solicitor’s letter with regards to the Town Administrator and Harbor Management Commission Chairperson. So unanimously voted.

3) Library Board of Trustees

a) Two (2) vacancies exist on the Library Board of Trustees terms ending 12/31/2005, if favorable appoint positions.

i) Dan Donahue

ii) Delia Klingbeil

      1. Letter from Nancy Logan re: appointments

It was moved by Councilor Long, seconded by Councilor Willis to appoint Dan Donahue and Delia Klingbeil to the Library Board of Trustees, terms ending 12/31/2005. So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Littman to accept the letter from Nancy Logan. So unanimously voted.

4) Town Charter Review Committee

    1. Status of the review of the Town Charter
    2. Sav Rebecchi, Charter Review Committee Chair, presented the Council with the proposed amendments to the Town Charter. Mr. Rebecchi informed the Council that the minutes, as well as the proposed amendments are on the internet at jamestownri.com for public viewing.

      Council President Settipane thanked Mr. Rebecchi and the Town Charter Review Committee for a job well done.

      It was moved by Council President Settipane, seconded by Councilor Long to authorize the Town Administrator to schedule a joint work session with the Charter Review Committee to discuss the proposed amendments and to forward them to the Town Solicitor for comments. So unanimously voted.

      5) Jamestown Ambulance Association election results

      It was moved by Councilor Long, seconded by Councilor Littman to accept the election results for the Jamestown Ambulance Association. So unanimously voted.

      6) Fire Department chain of command

      Council President Settipane announced that Arthur Christman has retired as Fire Chief. President Settipane thanked Chief Christman for his years of dedicated service.

      It was moved by Councilor Long, seconded by Councilor Willis to accept the notification from the Fire Department regarding their "chain of command". So unanimously voted.

      7) Town Clerk

      a) Redistricting Information (part II)

    3. Voting district map (for Council’s review and approval)
    4. Request from Board of Canvassers re: location for new polling place (for Council’s approval)

It was moved by Councilor Littman, seconded by Council President Settipane to approve the division of Jamestown into three voting districts as proposed by the Town Clerk. So unanimously voted.

8) Affordable Housing

    1. Lighthouse Keeper

The Town Planner reviewed her memorandum and noted that the Affordable Housing Committee is requesting that the Beavertail Lighthouse be included in the Town’s permanent affordable housing stock. The appointment of Lighthouse Keeper could be for a two-year or three-year term and rent payment of $300.00 per month. That $300.00 to be put into an escrow account to be used towards a down payment for a future home; thus, providing a family with an opportunity to purchase a home.

The Council discussed the possibility of an annual review based on income with the minimum being $300.00 and a 20% offset if the home was purchased outside of Jamestown. Additionally, it was suggested that the "Point System" be altered to reflect the importance of skills associated with lighthouse duties. This could be done by increasing #3) Ability to perform lighthouse duties and #4) Skills, licenses, certificates or experience associated with lighthouse duties to equal 30 points and deducting it from #5) How many housing years needed over 3 years. It was suggested that a term of three years would be suitable.

It was the consensus of the Council that the Town Planner fine-tune the criteria and report back to the Council.

9) Tree Preservation and Protection Committee

a) Two (2) vacancies exist on the Tree Preservation and Protection Committee terms ending 01/31/2004 and 01/31/2005, if favorable appoint positions.

i) William "Bucky" Brennan request for reappointment

ii) Carolyn Armington

      1. Elizabeth Allen
    1. Letter from Chair re: Reappointment of William "Bucky" Brennan

Council President Settipane announced that William "Bucky" Brennan has withdrawn his request for reappointment in order to allow for new membership on the Tree Committee.

It was moved by Councilor Littman, seconded by Council President Settipane to appoint Carolyn Armington to the Tree Preservation and Protection Committee for a term ending 01/31/2004 and to appoint Elizabeth Allen for a term ending 01/31/2005. So unanimously voted.

UNFINISHED BUSINESS

1) Community Comprehensive Plan (continued from 04/08/2002); if favorable motion to authorize advertising for a new hearing:

a) Planning Commission

        1. Comprehensive Community Plan changes

Previously discussed.

2) Highway Barn

    1. Plan of Ft. Wetherill per Councilor Settipane
    2. Council President Settipane noted that he requested the plan of Ft. Wetherill to review the facilities in contemplation of any renovations to Town property in that area.

    3. Size of building per Councilor Willis
    4. Councilor Willis requested additional information on the rationale for the size of the highway barn and the need for nine bays.

      Councilor Littman informed the Council that the Building and Facility Committee went along with the size of the highway facility; however, as we look at cost consideration we may have to reduce the size.

      No action taken on this item.

    5. Gannett Fleming Report (cont. from 04/22/2002)

It was moved by Council President Settipane, seconded by Councilor Littman to continue the Gannett Fleming Report to the May 28, 2002 Council meeting. So unanimously voted.

David Lussier, 2 Prospect Avenue, presented a report entitled "Highway Barn Total Site and Operational Costs Summary".

3) GZA GeoEnvironmetal Report re: changes as requested by Town Council (cont. from 03/25/2002)

Previously addressed.

    1. Letter submitted by W. Randall Tyson (continued from 04/08/2002)

Previously discussed.

5) Stormwater Management Planning Reports

    1. Grant Proposals for Council’s review (cont. from 04/08/2002)

Previously addressed.

6) Council Appointments

    1. Policy and Procedures for Boards, Commissions and Committees per Councilor Settipane
    2. Attendance and Compliance per Councilor Settipane
    3. Report from Town Clerk

It was the consensus of the Council that discussion on Council Appointments be continued to the next Town Council agenda.

COMMUNICATIONS

    1. Letters re: Highway Barn Facility
      1. David A. King
      2. Karen Von Gunten Easton
      3. It was moved by Councilor Long, seconded by Councilor Littman to accept the letters from David A. King and Karen Von Gunten Easton. So unanimously voted.

      4. Vincent DelBuono
      5. Thomas R. & Christina Oates

      It was moved by Council President Settipane, seconded by Councilor Willis to accept the communications from Vincent DelBouno and Thomas and Christina Oates. So unanimously voted.

    2. Letter from David Laurie re: Parking along Jamestown Boat Yard
    3. It was moved by Council President Settipane, seconded by Councilor Swain to accept the letter from David Laurie and to forward the letter to the Parking Committee. So unanimously voted.

    4. Letter from Quentin Anthony re: Harbormaster, Samuel Patterson

It was moved by Council President Settipane, seconded by Councilor Long to send a redacted copy of the Town Solicitor’s letter of opinion to Quentin Anthony. So unanimously voted.

NEW BUSINESS

1) Event Application

a) Arnold-Zweir Memorial Post & American Legion to hold the annual Memorial Day Parade on Narragansett Ave. and East Ferry Square on Memorial Day, Monday, May 27th

It was moved by Councilor Willis, seconded by Councilor Swain to approve the Event Application for Arnold-Zweir Memorial Post & American Legion to hold the annual Memorial Day Parade on May 27, 2002. So unanimously voted.

b) Jamestown Chamber of Commerce to hold a fundraiser at the Beavertail Lighthouse (Town owed property) on August 17th

It was moved by Council President Settipane, seconded by Councilor Littman to approve the Event Application for the Jamestown Chamber of Commerce to hold a fundraiser at the Beavertail Lighthouse on August 17, 2002, subject to the proper insurance. So unanimously voted.

2) One-Day Peddler Application: request to waive application fee:

    1. Junior Women’s Club of Jamestown to sell phone books, balloons and flags at the Memorial Day Parade on May 27th
    2. It was moved by Councilor Willis, seconded by Councilor Littman to approve the One-Day Peddler License for the Junior Women’s Club for May 27 and to waive the fee, subject to the appropriate signatures. So unanimously voted.

    3. Friend’s of Jamestown Skaters, Inc. to sell t-shirts and used sporting goods on Narragansett Ave. on May 25th

It was moved by Councilor Littman, seconded by Councilor Willis to approve the One-Day Peddler License on May 25 for Friend’s of Jamestown Skaters, Inc., subject to the appropriate signatures and to waive the fee. So unanimously voted.

c) Friend’s of Jamestown Skaters, Inc. to sell t-shirts on Narragansett Ave. at the Memorial Day Parade on May 27th

It was moved by Councilor Littman, seconded by Council President Settipane to approve the One-Day Peddler License on May 27 for Friend’s of Jamestown Skaters, Inc., subject to the appropriate signatures and to waive the fee. So unanimously voted.

3) Sunday Sales Application

      1. Rum Runner Shipping Co., LLC

It was moved by Council President Settipane, seconded by Councilor Swain to approve the Sunday Sales application for the Rum Runner Shipping Co., LLC, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

    1. Letter from Hazel B. Turley re: Jamestown-Verrazano Bridge Commemorative Event
    2. It was moved by Council President Settipane, seconded by Councilor Long to accept the letter from Hazel B. Turley and to refer it to the Town Administrator. So unanimously voted.

    3. Letter from Joseph T. Corrente re: WW II Memorial
    4. The Town Administrator informed the Council that Mr. Corrente will be attending the June 10, 2002 Town Council meeting to discuss the WW II Memorial.

      It was moved by Councilor Long, seconded by Council President Settipane to accept the communication from Joseph T. Corrente. So unanimously voted.

    5. Letter from the Friend of Jamestown Skaters re: design and construction progress
    6. It was moved by Councilor Long, seconded by Councilor Willis to accept the letter from the Friends of Jamestown Skaters. So unanimously voted.

    7. Letter from Margot A Britton and Mark M. Ludlow re: Proposed variance Jamestown Shores; Plat 15, Lot 270 ISDS application #0115-2922 (Consent Agenda item #5c)

It was moved by Councilor Long, seconded by Councilor Swain to accept the letter from Margot A. Britton and Mark M. Ludlow. So unanimously voted.

OTHER COMMUNICATIONS

None

EXECUTIVE SESSION

It was moved by Council President Settipane, seconded by Councilor Long to enter into Executive Session at 12:20 PM, pursuant to RIGL 42-46-5(a) (5) real estate. 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 (per Town Administrator)

    1. Lease Negotiations

2) Pursuant to RIGL 42-46-5(a) (5) Real Estate

    1. Water Resource Protection Committee re: report on potential land acquisition

The Council returned from Executive Session at 12:45 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 Littman to authorize the Town Administrator and Town Solicitor to enter into negotiations for property as presented by the Water Resource Protection Committee. 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 12:50 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk