TOWN COUNCIL MEETING

May 28, 2002

(as amended on June 10, 2002)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:03 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

Douglas R. DeSimone, Town Solicitor

Stephen Goslee, Public Works Director

Fred Pease, Town Sergeant

Thomas P. Tighe, Police Chief

Dennis Webster, Quonset Davisville Liaison Committee Chair

Sav Rebecchi, Charter Review Committee Chair

Richard Allphin, Zoning Board of Review Chair

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

    1. Vincent Vessella in recognition of 25 years of service

Council President Settipane presented a Certificate of Appreciation to Vincent Vessella in honor of his twenty-five years of service and dedication to the Jamestown Ambulance Association.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that item 4 (a ) be removed from the Consent Agenda. It was moved by Councilor Long seconded by Council President Settipane to accept the Consent Agenda as amended. So unanimously voted. The Consent Agenda consisted of:

    1. Adoption of Council minutes:
      1. 05/13/2002 Regular Meeting
    2. Bills and Payroll
    3. Copies of Minutes of Boards & Committee Meetings:

a) Water Resource Protection Committee (04/03/2002)

    1. Conservation Commission (04/08/2002)
    2. Quonset/Davisville Liaison Committee (04/11/2002)
    3. Jamestown Substance Abuse Prevention Task Force (05/01/2002, 03/06/2002, 02/06/2002, 01/16/2002, 12/05/2001, 11/07/2001, 09/05/2001, 06/06/2001, 01/03/2001, 11/01/2000, 09/06/2000, 06/08/2000, 04/12/2000, 03/15/2000)
    4. Harbor Management Commission (04/30/2002, 04/10/2002, 04/23/2002)

i) Subcommittee (04/09/2002, 04/25/2002)

5) Navy Station Newport Restoration Advisory Board Meeting minutes (04/17/2002)

6) Zoning Board of Review abutter notification to the Town of Jamestown re: the application of Richard A. & Pamela Haas, Plat 3, Lot 231 for a variance from Article 3, Section 302 Table 3-2 (front and side setbacks)

    1. Tax Abatement/Addenda

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

4) Proclamations & Resolutions from other municipalities:

a) Town of East Greenwich re: Firearm Training Facility

Following discussion on the resolution passed by the Town of East Greenwich, it was moved by Council President Settipane, seconded by Councilor Long to adopt an in-kind resolution substituting the Town of Jamestown in support of the proper training of police officers and a weapons training and qualification facility to be located in a non-residential area. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Council President Settipane announced that there would be an executive session meeting pursuant to the following:

    1. Pursuant to RIGL 42-46-5(a) (5) Real Estate
      1. Lease Negotiations re: Verizon (per Town Administrator)
      2. Real Estate acquisition
    1. Pursuant to RIGL 42-46-5 (a) (1) Personnel (continued from 5/13/2002)

3) Pursuant to RIGL 42-46-5 (a) (2) Litigation (per Town Solicitor)

PUBLIC HEARINGS

None

OPEN FORUM

    1. Scheduled request to address
    2. None

    3. Non-scheduled request to address

David Lussier requested time to speak after the Gannett Fleming presentation.

Dennis Webster informed the Council that he would be attending a public meeting relating to the Environmental Impact Statement which is scheduled for June 6, 2002 in North Kingstown to present the Council’s concerns and the two resolutions passed by the Town Council. Additionally, Mr. Webster noted that he expects to be working with the consultant hired by the Town to address these concerns.

Daniel O’Neill requested permission to speak following the Gannett Fleming report.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report

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

Town Administrator Report

May 28, 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 reported to you in early spring, members of the Town's Emergency Management Council attended a two-day workshop at the Naval War College. At this workshop local communities were challenged with a mock bio-terrorist attack. As a follow-up to this workshop, the State is planning a two-day terrorist drill on June 11 and 12. The Town's Emergency Management Council will be participating in this drill, which will include the activation of the Emergency Operating Center at the police station.

The current build-out analysis for the rural water district is 61. This is based on the current water regulations. I spoke with Lisa Bryer and she will be able to provide a build-out analysis based on the change recently proposed to the rural water district. Lisa said it would take her up to two days to complete the analysis. As you know Lisa has been working with the Council to finalize the Comprehensive Plan. She will begin working on the build-out analysis in the coming weeks.

At the last Council meeting, Councilwoman Willis requested clarification of the $287.74 the Conservation Commission requested for the University of Rhode Island. This amount represents one third of the cost to fund a study entitled "The Role of Farmland as Foraging Sites of Glossy Ibis, a Species of Colonial-nesting Wading Birds of Narragansett Bay." The Conanicut Island and Aquidneck Island Land Trusts are also funding the study.

In a recent newsletter I received from The Trust (the Town's insurance provider), they outlined that they have recently received authorization from their Board of Trustees to offer a Health Insurance Program to local municipalities, school districts, and other special interest local governments. The Trustees for the Trust have been studying the concept of a pooled health insurance plan for about two and one-half years. The Trust has entered into a contractual agreement with Blue Cross to provide employees with the same coverage they are currently receiving. The final administrative details are being worked out by the Trust. Once the details have been finalized, the Trust will hold a number of meeting/workshops for municipalities interested in the program. As I receive more information, particularly as it relates to costs and administrative responsibilities, I will forward it to you.

On Thursday May 23, 2002, the Town's grant application for Storm Water Phase II Management Plan was mailed to RIDEM. The deadline for this grant application was May 31, 2002.

Attached please find copies of warranties for the backhoe and dump truck. Councilor Willis requested this information.

I hope you all have a nice Memorial Day Weekend and weather-willing, we'll see you in our parade!

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

The Town Administrator presented her report to the Council.

2) Harbor Management Commission

a) Letter re: Request bid approval of new Harbormaster boat and request to approve bid to repair existing boat

Upon review of the bid, it was moved by Council President Settipane, seconded by Councilor Swain to approve the bid as outlined in the Jamestown Harbor Office letter dated May 22, 2002. Approval to include:

$22,840.00 Eastern Boats, Inc purchase of new harbormaster boat

$ 8,040.00 ARC Boats repair of existing harbormaster boat

$ 8,820.00 ARC Boats new engine for existing boat

$39,700.00 Total Bid

So unanimously voted.

3) Personnel Board

a) Letter from Nancy Kolman Ventrone re: Personnel Board Charter

It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter from Nancy Kolman Ventrone. So unanimously voted.

4) Memorandum from Town Administrator re: Proposed Charter Revisions

It was moved by Council President Settipane, seconded by Councilor Long to adopt the schedule as presented by the Town Administrator; that being:

June 6, 2002 Workshop with Charter Review Commission

June 10, 2002 Council meeting – discussion of proposed amendments

June 24, 2002 Council meeting – vote on proposed amendments to be

forwarded to Town Solicitor for review

July 22, 2002 Town Solicitor submits for final approval for November

ballot

So unanimously voted.

5) Tree Preservation and Protection Committee

a) Copy of Letter from Tree Warden requesting a change to the Tree Ordinance

It was the consensus of the Council to refer the proposed changes for the Tree Ordinance to the Town Solicitor and the Town Administrator for their review.

    1. Town Solicitor
    2. a) Municipal Code of Ordinance

      The Town Solicitor reviewed the process for the codification for the Jamestown Municipal Code of Ordinance noting that it is expected to take between 50 and 75 hours of review by himself and an intern, at an approximate cost of not more than $2,500.00. The Town Administrator noted that these funds could come from incidentals and emergencies.

      It was moved by Council President Settipane, seconded by Councilor Swain to authorize the legal assistance needed for review and preparation of the Jamestown Code of Ordinance in an amount not to exceed $2,500.00. So unanimously voted.

    3. Town Charter Review Committee

a) Date for workshop: June 6, 2002

It was the consensus of the Council to hold a workshop with the Charter Review Committee on June 6, 2002 and to put the Committee’s proposed charter revisions on the agenda for the June 10, 2002 Town Council meeting.

UNFINISHED BUSINESS

1) Proposed Zoning Ordinance relating to Open Space and Public Zone (for discussion and if favorable adoption)

The Town Solicitor advised that the Comprehensive Community Plan should be completed prior to any decision on the proposed Zoning Ordinance relating to Open Space and Public Zone.

It was the consensus of the Council that the Proposed Zoning Ordinance relating to Open Space and Public Zone would be placed on the Town Council agenda for the June 10, 2002 meeting following the Comprehensive Community Plan for that same date.

2) Highway Barn

    1. Gannett Fleming report dated 05/20/2002 (cont. from 04/22/2002)

Jeffrey Alberti and Michael Haire, representatives from Gannett Fleming presented an updated report covering cost comparisons for a split facility for the Department of Public Works using both of the alternative sites at Lot 47 and the Wastewater Treatment Plant.

Mr. Alberti described the process that Gannett Fleming followed in preparing their analysis. The criteria as established by the Town was:

Consideration was given to the following:

The analysis included comparisons on the basis of the "center of work" location; that being, Eldred Avenue and North Main Road.

The Council discussed additional variables to be considered in calculating the "center of work" or operational work center.

The storage needs and size of the building were discussed. The possibility of outside storage for specific vehicles/equipment was addressed.

Mr. Alberti noted that the most important consideration in determining if a specific piece of equipment should be stored outside is response time (how long will it take to ready a piece of equipment that has been stored outside vs. being stored inside and ready for immediate use). In an emergency situation, will equipment stored outside be ready and able for immediate use?

Council President Settipane invited comments from the audience.

Daniel O’Neill disputed the calculations made by Gannet Fleming.

David Lussier presented an "analysis of Gannet-Fleming Operational Cost Comparison".

Raymond Iannetta and Donna O’Neill expressed their concerns regarding the lack of information provided in considering the needs of the highway facility.

    1. Size of Building (per Councilor Willis)
    2. Councilor Willis expressed her concern with the size of the proposed facility. Councilor Willis handed out photographs of other municipal facilities, noting the size of facility as compared to road mileage of each municipality; requesting that the size of the Jamestown facility be reduced taking into consideration lesser road mileage and other reduced factors on a nine mile long, one mile wide island. Facilities used for comparison were:

      • Exeter
      • South Kingstown
      • Middletown
      • Portsmouth
        Final report from the Town Buildings and Facilities Committee

    William Kimball reviewed his report entitled "Minority Report on PW Highway Barn" .

    Additionally, Mr. Kimball reviewed the "Final Report" of the Building and Facility Committee which recommends that the new pubic works facility be located at lot 47.

    There was discussion relating to the size of the building needed and the equipment to be considered for inside storage.

    Mr. Kimball noted that Exhibit "B" shows both inside storage needs and outside storage needs. Additionally, the chart has highlighted items included for inside storage which the committee felt could be stored outside. Total square footage for storage needs, as presented by the Public Works Department were 3,644 with an adjustment for equipment that may be stored outside of 906 square feet. Total to be considered for inside storage needs, as presented by the Buildings and Facility Committee is 2,738 square feet. Items to be considered for outside storage were as follow:

    Road Grader 252 sq. ft.

    Road crack sealer 120 sq. ft.

    Cutting tractor 198 sq. ft.

    Motrm tractor 336 sq. ft.

    Councilor Swain noted that the Public Works Department and the administration is requesting a facility with nine bays of which two bays would be heated mechanics; however, the Building and Facilities Committee is recommending seven storage bays.

    There was also discussion on the amount of "move around space" needed. Councilor Swain questioned the amount of overall space required for the public works facility. Mr. Kimball stated that he felt the committee’s recommendation of a facility between 6,000 and 7,000 sq. ft. is more than adequate.

    It was moved by Council President Settipane, seconded by Councilor Swain to accept the final report of the Jamestown Buildings and Facilities Committee dated May 28, 2002. So unanimously voted.

      1. Site selection; if favorable motion to place on 06/24/2002 Council agenda

    It was moved by Council President Settipane, seconded by Councilor Willis to place the site selection and size selection on the agenda for the 6/24/2002 Town Council agenda. So unanimously voted.

    3) Council Appointments

    a) Policy & procedures for appointments to Boards Commissions and Committees

    b) Attendance and compliance per Councilor Settipane

    Council Rules for Board, Commission, and Committee Appointments were reviewed by Council President Settipane. The Council noted several additional issues that could be addressed within these rules and regulations; those being, guidelines for the lack of attendance by committee member, procedure for complaints against a committee member and a more definitive procedure on how meetings should be conducted.

    It was moved by Council President Settipane, seconded by Councilor Swain to refer the issues relating to policy & procedures for appointments to Boards Commissions and Committees to the Town Administrator in cooperation with the Town Solicitor and Town Clerk to develop proposals to place on the Town Council agenda for review. So unanimously voted.

    COMMUNICATIONS

      1. Letter from the School Committee re: School Superintendent
      2. It was moved by Council President Settipane, seconded by Councilor Willis to accept the letter from the School Committee. So unanimously voted.

      3. Letter from Stephen Richard, Chris Richard, Julie Ryng and Susan Smith re: Plat 2 Lot 47
      4. It was moved by Councilor Swain, seconded by Councilor Willis to accept the letter regarding plat 2, lot 47. So unanimously voted.

      5. Letter from Brennan Staley, Providence Canvass Director re: Canvassing the island for non-profit organization for June 3rd -14th and July 8th-12th

    It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter from Brennan Staley regarding canvassing the island. So unanimously voted.

    4) Letters from Quentin Anthony re: Harbormaster

    a) dated 05/21/2002

      1. dated 05/23/2002

    It was moved by Councilor Willis, seconded by Councilor Long to accept the correspondence from Quentin Anthony regarding the Harbormaster. So unanimously voted.

    It was the consensus of the Council that no further action by the Council was necessary and to refer the matter to the Town Administrator.

    5) Letter from Eric Pearson re: proposed ISDS variance Jamestown Shores Plat 15, Lot 270

    The Town Administrator noted that this particular application for Eric Pearson has not yet been reviewed.

    6) Letter from John P. Caito Corp re Plat 15 Lots 13, 39, 41 & 95 ISDS

    Variance Application 0155-2700

    The Town Administrator noted that this property abuts Town-owned property and that she has sent a letter to the State requesting a twenty-day extension. She further noted that this application has been returned to the engineer for some changes. These changes will not require abutter notification.

    John Caito informed the Council that the changes will be made according to comments made by RIDEM; however, Council is given a chance to comment.

    It was moved by Councilor Swain, seconded by Councilor Willis to accept the communications as listed in item # 5 and #6. So unanimously voted.

    NEW BUSINESS

    1) Application request to waiver $100.00 Pavilion rental fee at Ft. Getty:

    a) St. Matthew’s Church – June 23, 2002

    It was moved by Councilor Willis, seconded by Councilor Swain to waive the rental fee for St. Matthew’s Church on June 23, 2002. So unanimously voted.

      1. Bridges, Inc – July 26, 2002

    It was moved by Councilor Swain, seconded by Councilor Willis to waive the rental fee for Bridges, Inc. on July 26, 2002. So unanimously voted.

    2) Event Applications:

    a) Jamestown Yacht Club – August 17, 2002

    It was moved by Councilor Willis, seconded by Councilor Swain to approve the event application for the Fools Rules Regatta to be held on August 17, rain date August 18, 2002. So unanimously voted.

    b) Rocket Dawgs Firework Display – July 1, 2002 rain date July 5, 2002

    It was moved by Councilor Willis, seconded by Councilor Swain to approve the July 1, 2002, rain date July 5, 2002 fireworks display by the Rocket Dawgs and for the Town to provide police and fire services for this event. So unanimously voted.

    3) One Day Peddler License:

    a) Jamestown Lions Club apply to waive $5 application fee and to sell light sticks for the July 4th firework celebration

    It was moved by Councilor Swain, seconded by Council President Settipane to approve the One-Day Peddler License and to waive the application fee for the Jamestown Lions Club for the firework celebration. So unanimously voted.

    4) Sunday Sales License Renewal Application

    a) Truffles By The Bay, Ltd.

    d/b/a Truffles By The Bay

    47 Conanicus Ave, Unit #3

    It was moved by Councilor Willis, seconded by Councilor Swain to grant the Sunday Sales license to Truffles by the Bay, Ltd., d/b/a Truffles by the Bay, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

    5) Sunday Sales License Application

    a) SeaDish, Ltd.

    d/b/a Tricia’s Tropigrille

    14 Narragansett Avenue

    It was moved by Councilor Willis, seconded by Councilor Swain to approve the Sunday Sales License for SeaDish, Ltd, d/b/a Tricia’s Tropigrille, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

      1. Victualing & Entertainment License
        1. SeaDish, Ltd.

    d/b/a Tricia’s Tropigrille

    14 Narragansett Avenue

    It was moved by Councilor Willis, seconded by Council President Settipane to approve the Victualing & Entertainment license for SeaDish, Ltd., d/b/a Tricia’s Tropigrille, subject to the resolution of debts, taxes and appropriate signatures.

    It was moved by Council President Settipane, seconded by Councilor Willis to amend the motion to include a curfew for outdoor music; the curfew will be Friday and Saturday at 10:00 PM and Sunday through Thursday at 8:00 PM. The amended motion was unanimously voted.

      1. Letter from Save the Bay requesting inflatable balloon for the Save the Bay Swim to be held on August 3rd (this event was previously approved by the council on 11/13/2001, see attached Event Application)
      2. It was moved by Councilor Swain, seconded by Councilor Willis to allow Save the Bay to allow an inflatable balloon for the Save the Bay Swim being held on August 3, 2002. So unanimously voted.

      3. Smoke Detector Inspections/Fire Marshall re: letter submitted
      4. The Town Administrator informed the Council that Chief Bryer would be taking classes to qualify him to inspect smoke detectors. Until then, the Town Administrator recommended that the former Fire Chief Arthur Christman be allowed to continue to do these inspections at a cost of $100.00 per week.

        It was moved by Councilor Swain, seconded by Council President Settipane to approve the request by the Town Administrator to pay Arthur Christman as Fire Marshall when performing inspections up to $100.00 per week. So unanimously voted.

      5. Donation of property to Town – Plat 5 Lot 320; Nautilus Street & Plat 5 Lot 119; Steamboat Street

    It was moved by Council President Settipane, seconded by Councilor Long to accept the donation of Plat 5, Lot 320, Nautilus Street and Plat 5, Lot 119, Steamboat Street, subject to an environmental study and review and approval of the acquisition by the Town Solicitor. So unanimously voted.

    EXECUTIVE SESSION

    It was moved by Council President Settipane, seconded by Councilor Willis to enter into executive session at 10:30 PM pursuant to RIGL 42-46-5(a) (5) real estate and (2) litigation. The vote was Councilor Willis, aye; Councilor Long, aye; Councilor Swain, aye and Council President Settipane, aye. The motion passed.

    The Council returned from Executive Session at 11:00 PM. It was moved by Councilor Long, seconded by Council President Settipane to seal the minutes of the Executive Session. It was voted Councilor 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 Swain to authorize the Town Solicitor to respond to the litigation as discussed. So unanimously voted.

    It was moved by Council President Settipane, seconded by Councilor Willis to authorize the Town Administrator to enter into a lease agreement as discussed in Executive Session. So unanimously voted.

    It was moved by Council President Settipane, seconded by Councilor Long to authorize the Town Administrator to engage an appraiser for the property discussed in Executive Session. 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 11:05 PM. So unanimously voted.

    Attest:

    Arlene D. Kalooski

    Town Clerk

    C: Town Council Members (5)

    Town Administrator

    Town Solicitor

    Administrative Circulation