TOWN COUNCIL MEETING

July 8, 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

Kenneth G. Littman

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Esq., Town Solicitor

Stephen Goslee, Public Works Director

Thomas P. Tighe, Chief of Police

Christopher Powell, Conservation Commission Chair

Dennis Webster, Quonset Davisville Liaison Committee Chair

Representative William J. Murphy

Representative Bruce J. Long

Lisa Bryer, Town Planner arrived at 8:05 PM

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

LOCATION TRANSFER:

CLASS A

Island Beverage, Inc.

dba: Jamestown Liquors

9 Ferry Wharf

TO:

Island Beverage, Inc.

dba: Jamestown Liquors

47 Conanicus Avenue

(Truffles by the Bay, Ltd. - unit #3)

It was moved by Councilor Swain, seconded by Councilor Littman to order the advertising in the Newport Daily News on July 12 and July 19 for a hearing to be held on Tuesday, August 13, 2002 at 7:00 PM. So unanimously voted.

CONSENT AGENDA

It was requested that item 1(a) be removed from the Consent Agenda. It was moved by Councilor Swain, seconded by Councilor Willis to approve the Consent Agenda as amended. So unanimously voted. The Consent Agenda consists of:

2) Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

    1. Zoning Board of Review (06/04/2002)
    2. Affordable Housing Committee (05/13/2002)
    3. Planning Commission (06/05/2002)
    4. Board of Canvassers (05/29/2002)
    5. Water Resource Protection Committee (06/12/2002)

4) CRMC July 2002 Calendar Notice

5) RIDEM letter RE: public Hearing: FY 2003 Project List

6) Zoning Board of Review abutter notification to the Town of Jamestown re: the application of Jamestown Place Assoc., LLC, whose property is located at 28 Narragansett Ave.; Plat 8, Lots 488 & 562 for Special Use Permits under Article 6, Section 600, 601 and 602, et al, to construct a ten unit residential condominium on a combined parcel of land which shall also have upon it a two unit commercial building. Said property is located in the CD zone and contains 35,637 sq. ft.

7) Letter from Frank Watson, IBPO Local 35 re: Grievance of Officer Stephen Archambault

    1. Tax Abatement/Addenda

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    1. Adoption of Council minutes:

a) 06/24/2002 Regular Meeting

It was moved by Councilor Littman, seconded by Council President Settipane to amend the minutes to reflect the starting time of the meeting as 6:35 PM and to approve those minutes as amended. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

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

Council President Settipane announced that there would be an executive session later in the evening pursuant to RIGL 42-46-5(a) (5) real estate.

PUBLIC HEARINGS

None

It was the consensus of the Council that Reports of Boards, Committees and Town Officials be heard at this time.

    1. Town Administrator’s report (submitted)

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Town Administrator's Report

July 10, 2002

The following report consists of items of general interest to the Council. I will be pleased to provide any additional clarification of information you require.

Summer is here and water consumption is way up! Mackerel Cove Beach on the Fourth was jammed with parking extending into several surrounding streets.

On July 2, 2002, Council President Settipane and I had a preliminary meeting with RIDEM Director Jan Ritsma and his staff to discuss the possibility of a joint project at the old Town Highway Garage at Fort Wetherill, once the new highway barn is complete. It was the consensus of the group that recreation and educational programs may be a good mix based upon current use of the area. As you would expect, the potential sources of funding to repair the building is a prime concern, as well as securing the building in its current condition. A number of different grant opportunities may be available. Since this was a preliminary meeting, and it will be some time before the construction of the new highway barn is complete, no future meetings were set. However it was the consensus of the group that a joint project could be extremely beneficial for both the State and Town.

Steve Goslee, Lisa Bryer and I interviewed two new candidates for the Wastewater Management position. I anticipate making an offer to one of the candidates sometime next week.

I am currently working on the RFP for an architect for the new highway barn locations. I anticipate advertising the request for proposals by the end of next week. I expect to have a recommendation to the Council in August.

Chief Tighe has received the bid for the bulletproof vests. He is recommending the Town award the purchase of the vests to Stillman Uniform in an amount not to exceed $6825.00

For your information I attached a letter I received from Warren Towne of RIDEM.

For Council Consideration

Award the bid for bulletproof vests to Stillman Uniform in an amount not to exceed $6825.00

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The Council discussed the preliminary meeting attended by the Town Administrator and Council President Settipane and RIDEM Director Jan Ritsma to discuss the possibility of a joint project at the old Highway Garage at Fort Wetherill. Councilor Willis expressed her concern that other Council members were not given an opportunity to discuss this issue prior to the meeting with RIDEM.

Councilor Swain made note of the interest expressed by the Jamestown Yacht Club in sharing the resources at the old Highway Garage at Fort Wetherill.

Noise Ordinance and Watercraft Ordinance

The Town Administrator informed the Council that the Town Solicitor is drafting the Noise Ordinance and is expected to forward to the Council for their review by the last meeting in July or the first meeting in August. The Town Solicitor noted that the draft would not include levels of permissible sound and violation enforcement action.

The Town Administrator reported that the Watercraft Ordinance is being drafted and is expected to be to the Council for their review in the Fall.

Council President Settipane noted that the State has a new Watercraft law in place.

The Town Solicitor informed the Council that if there were to be any consideration of banning personal watercraft in the area of Jamestown, they would need to seek special legislation.

Letter submitted by Warren Towne, Supervising Sanitary Engineer, RIDEM

The Council discussed the response letter submitted by Mr. Towne to the Town Administrator.

Affordable Housing

Councilor Swain requested that the present lease for the lighthouse keeper be included with their next Town Council packet.

Bullet Resistant Vests

It was moved by Councilor Long, seconded by Council President Settipane to approve the bid from Stillman Uniform for bullet resistant vests in the amount of $6,825.00. So unanimously voted.

Emergency Water Ban

Stephen Goslee, Public Works Director reported on the municipal water system and emergency water ban. Mr. Goslee informed the Council that Jamestown is presently being assisted in its water needs by the Town of North Kingstown. Mr. Goslee noted that the high temperatures last week caused the reservoir and treatment plant to experience water temperatures between 90 to 95 degrees. These high temperatures caused changes in the water chemistry making it necessary to slow down the water treatment plant speed to approximately 290,000 gallons per day; however, the demand was in access of 400,000 gallons per day.

Mr. Goslee reported that specialists in this field are researching the problem and it is expected that a solution will be forthcoming.

Council President Settipane informed the Council that North Kingstown would continue to supply Jamestown with water as long as their supply is not threatened.

2) Planning Department

It was requested that items 2 (a) and 2 (b) be held until the Town Planner is present.

a) Memorandum from Planner re: Affordable Housing Committee recommendation for Lighthouse Keeper

b) Zoning Ordinance Amendment relating to Open Space and Public Zones including Development Plan Review

3) Town Clerk’s Office

a) Press Releases

i) Planning Commission

ii) Personnel Board

      1. Tax Assessment Board of Review

It was moved by Councilor Long, seconded by Councilor Willis to accept the press releases from the Town Clerk. So unanimously voted.

4) Water Resource Protection Committee

      1. Letter from Chair re: disposition of tax sale lots

It was moved by Councilor Long, seconded by Councilor Littman to accept the letter from the Water Resource Protection Committee. So unanimously voted.

    1. Library Board of Trustees

a) Letter from Chair re: Frieda Dekking

Council President Settipane read the letter from the Library Board of Trustees acknowledging the faithful volunteer service provided by Frieda Dekking. It was moved by Council President Settipane, seconded by Councilor Swain to designate August 1, 2002 as Frieda Dekking Library Volunteer Day. So Unanimously voted.

OPEN FORUM

Council President Settipane invited residents to speak at open forum.

    1. Scheduled request to address

None

2) Non-scheduled request to address

William J. Murphy presented the Council with a United States Flag to be flown at the Jamestown Community Center given by Mary Frances Byerly, and George and Alcina Blair.

Dennis Webster, Quonset Davisville Liaison Committee Chair, hand delivered a copy of the letter sent to the U. S. Army Corps of Engineers from the Jamestown Town Council in response to the public scoping process for the proposed Quonset Davisville Port and Commerce Park Environmental Impact Statement (EIS).

The following residents commented on the Highway Facility:

Dennis Webster, Mt. Hope Avenue, indicated that the decision to split the location of the facility would not be favorably voted on by the electors.

Bruce McIntyre, Clarke Street, commended the Council on their decision and encouraged them to move forward with the process.

Gerard Barrette, Seaside Avenue, encouraged the Council to follow the recommendations of previous Highway Barn Committees and the present Building and Facility Committee and put the facility at the North end of the island.

Jane Bentley, Mt. Hope Avenue, commented that the Council should represent the people and the majority of the people want the facility to be located at the North end.

Joyce Hooley Bartlett, Columbia Avenue, expressed her concern with the work conditions and safety of the Town employees.

Mary Webster, Mt. Hope Avenue, encouraged the Council to rescind their vote.

Ellicott Wright, Ft. Getty Road, requested that the Council rescind their vote.

Raymond Iannetta, North Main Road, encouraged the Council to protect the health and safety of the citizens and requested that the facility not be located at the North end of the island.

Donna O’Neill, Summit Avenue, stated that although she believes the facility should go at Taylor Point, she recognized the enormous amount of time the Council gave to this issue.

Kathleen Kaiser, Conanicus Avenue, stated that although she is not happy with their decision she commended their efforts and the compromise that they made.

Christopher Powell, Mt. Hope Avenue, encouraged the Council to follow the recommendations of their appointed committees and commissions.

The following residents commented on affordable housing status of the Beavertail Lighthouse:

Linda Warner, Shady Lane, expressed her concern regarding the historic preservation of the lighthouse and the need for a tenant to be qualified to interact with RIDEM and the public.

Frank Meyer, Southwest Avenue, noted his opposition to using the Beavertail lighthouse as a means for affordable housing. Mr. Meyer additionally provided information from the United States Coastguard regarding the lease to the Town of Jamestown.

Varoujan Karentz, Clarks Village Road, stated that he disagreed with affordable housing at the lighthouse and suggested that the Council do a study to establish the probabilities of using it as an affordable housing opportunity.

Nick Robinson, Carr Lane, noted that there have been several affordable housing tenants at the lighthouse and it has been a successful endeavor.

Arthur Milot, Walnut Street, suggested that the issue should be divorced from any social stature considerations and that property should be leased at market prices.

UNFINISHED BUSINESS

1) New Department of Public Works site and size

    1. Notice of intent to move to rescind the action/decision approving the location and size of a new Department of Public Works facility at the Transfer Station/Closed Landfill and Waste Water Treatment Facility per Council President Settipane
    2. It was moved by Council President Settipane, seconded by Councilor Long to rescind the action/decision approving the location and size of a new Department of Public Works facility at the Transfer Station/Closed Landfill and Waste Water Treatment Facility.

      Following Council discussion on the motion to rescind, several questions were put to the Town Solicitor for clarification.

      The Town Solicitor noted that should the motion to rescind carry, the results would have the same affect as a motion to reconsider. Mr. DiSimone suggested that once the vote has been taken, the Council should move on to other business. Additionally, Mr. DeSimone reported that the agenda serves as notice of the motion to rescind and therefore would only require a simple majority vote.

      It was moved by Councilor Littman, seconded by Council President Settipane to continue the motion to rescind to the Sewer and Water Commissioners meeting on July 15, 2002. The vote was, Councilor Littman, aye; Councilor Long, nay; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion carried 4 to 1.

    3. Bond Issue per Councilor Willis

It was moved by Council President Settipane, seconded by Councilor Littman to continue the bond issue to the July 15, 2002 Board of Water and Sewer Commissioners meeting. So unanimously voted.

    1. Letter from Amy Barclay de Tolly re: ISDS located at Plat 5, Lot 58; Ferry St.

Amy Barclay de Tolly verbally presented the information contained in her letter to the Council and photographs showing standing water on her property. Ms. Barclay de Tolly informed the Council that property owners in the area of Ferry Street are experiencing flooded areas because of the high water table and requested that the Council review variance requests from surrounding property owners as the granting of these variances would negatively impact property already developed.

The Town Administrator informed the Council that variance requests submitted to RIDEM are sent to the Council for their review and when requested by the Council, a letter of objection is forwarded to RIDEM.

Christopher Powell, Conservation Commission Chair recommended filing substantive objections with RIDEM. The Town Solicitor noted that it would be necessary to retain an engineer to review the applications.

Additionally, the Town Administrator noted that the High Ground Water Table Ordinance should be before the Council for their review at the next meeting. The Town Solicitor informed the Council that the ordinance, which upon approval would take effect immediately, prohibits the installation of any new ISDS with water tables of less than two feet.

Council President Settipane requested that the Town Administrator and the Conservation Commission track the various lots mentioned by Ms. Barclay De Tolly.

3) Town Charter Review Committee

    1. Job description re: Finance Director per Council

The Town Administrator reported that the job description as presented is similar to the present job description with the addition of the computerized financial management information system that the Finance Director oversees.

b) Planning Commission Section 703 Qualifications

i) Minimum number of members

ii) elected or appointed

Dennis Webster requested that the Council consider a set number of members in the Charter for the Planning Commission, Zoning Board of Review, School Committee and Harbor Management Commission thereby maintaining continuity. Specifically, Mr. Webster requested that the Planning Commission have seven members.

Sav Rebecchi explained that it was the intent of the Charter Review Committee to suggest that there be no more than seven members. It was assumed that individual ordinances would give the specific numbers.

It was moved by Council President Settipane, seconded by Councilor Swain to amend the draft in the Charter, Sec. 703. Planning Commission has a membership of seven (7) members. So unanimously voted.

4) Elderly Tax Exemption per Councilor Settipane

The Council discussed the need for periodic updates to the Elderly Tax Exemption.

Representative William Murphy indicated that the residency requirement may not be the most important requirement and suggested that the Council consider looking at the income brackets and the indexing on the poverty level.

The Town Administrator noted that the current format is working well and that she would be reviewing the present data with the Tax Assessor and assessing the financial impact of any proposed changes.

Council President Settipane suggested that Representative Murphy, Craig Amerigian and Ellicott Wright, all past Council members was previously worked on the elderly tax exemption legislation work with the Town Administrator on updating the present exemption.

Council President Settipane requested that the Town Planner address the issues in her report.

Planning

    1. Memorandum from Planner re: Affordable Housing Committee recommendation for Lighthouse Keeper

The Town Planner informed the Council that the Affordable Housing Committee does not want to compromise the maintenance of the building and grounds at the Beavertail Lighthouse; however, the committee believes, all things being equal, income should be a consideration in the criteria, thereby affording someone the opportunity to save funds towards the purchase of a home. The program, as presented, would allow a monthly rent of a minimum of $300.00 with annual review of income to determine if more money should be put into the savings plan. The committee did not propose a penalty if the lighthouse keeper purchased a house out of Jamestown.

The Council discussed the point system being considered for the lighthouse keeper application.

It was suggested item # 2 be reduced to 10 points and item #7 be added at 5 points.

Proposed changes:

2. Married or single with children 15 10

7. Employed in the Town of Jamestown 5

It was moved by Councilor Swain, seconded by Councilor Willis to approve the application for lighthouse keeper and the point system as amended. So unanimously voted.

b) Zoning Ordinance Amendment relating to Open Space and Public Zones including Development Plan Review

It was moved by Councilor Long, seconded by Councilor Swain to accept the communication from the Town Planner regarding the Open Space and Public Zones including Development Plan Review. So unanimously voted.

COMMUNICATIONS

    1. Letters from residents in opposition of highway garage facility on Plat 2, Lots 47, 48, 49, 50 and 51 (6 signatures)
    2. It was moved by Councilor Long, seconded by Councilor Swain to accept the letters in opposition to the highway garage facility on Plat 2, Lots 47, 48, 49, 50 and 51. So unanimously voted.

    3. Letter from Julio DiGiando, Jamestown Yacht Club, re: Fort Cove
    4. It was moved by Councilor Swain, seconded by Councilor Long to accept the communication from Julio DiGiando. So unanimously voted.

    5. Letter from Greg Stones re: outdoor music
    6. It was moved by Councilor Long, seconded by Councilor Swain to accept the letter from Greg Stones. So unanimously voted. Councilor Swain requested that this communication be forwarded to the Police Chief.

    7. Letter from Cynthia Levesque re: Highway Barn site

It was moved by Councilor Swain, seconded by Councilor Littman to accept the letter from Cynthia Levesque. So unanimously voted.

5) Letter form the Salvation Army re: Annual Dinner

It was moved by Councilor Willis, seconded by Councilor Littman to accept the communication from the Salvation Army. So unanimously voted.

NEW BUSINESS

    1. Letter from Charles Ajootian re: 10 Narragansett Ave. & 11 Knowles Ct.

It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter from Charles Ajootian. So unanimously voted.

It was moved by Councilor Littman, seconded by Councilor Long to discuss the contents of the letter from George and Martha Tournas forwarded by their attorney Charles Ajootian in executive session. So unanimously voted.

2) Letter from St. Matthew’s Parish re: use of West Street on 07/20/2002

It was moved by Councilor Willis, seconded by Councilor Long to permit the request of St. Matthew’s Parish to use 6 to 8 feet of the north side of West Street on July 20, 2002. So unanimously voted.

EXECUTIVE SESSION

It was moved by Council President Settipane, seconded by Councilor Long to enter into executive session pursuant to RIGL 42-46-5(a) (5) real estate at 9:55 PM. It was voted, Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye; Council President Settipane, aye. The motion passed.

The Council returned from Executive Session at 10:28 PM. It was moved by Councilor Long, seconded by Councilor Littman to seal the minutes of the Executive Session. It was voted by Councilor Long, Councilor Littman; 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 direct the Town Administrator in co-operation with the Water Resource Protection Committee and the Town Solicitor to act upon the properties as discussed in executive session. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to review the town owned parcels acquired at tax sales as directed 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 10:35 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk