COUNCIL MEETING

September 9, 2002

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road at 7:00 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

David J. Long

Kenneth G. Littman

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Esq., Town Solicitor

Lisa Bryer, Town Planner

Victor Calabretta, Planning Commission

Robert Lambert, Planning Commission, Chair

Betty Hubbard, Planning Commission

Gary Girard, Planning Commission

Christopher Powell, Conservation Commission Chair

Bruce J. Long, State Representative

Brenda Dillman

Richard Pasture

AWARDS, PRESENTATION AND ACKNOWLEDGEMENTS

1) Clean Water Act 30

a) Project to be determined (last paragraph)

It was moved by Councilor Swain, seconded by Councilor Long to enact a proclamation in honor of Clean Water Day on October 18, 2002. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1) Class A Liquor License

a) Held by: Island Beverage, Inc. dba: Jamestown Liquors

(no present location)

i) Location of license (continued from 08/26/2002)

b) Letter from Quentin Anthony re: request to continue to 09/23/2002

The Town Solicitor noted that this is on the agenda at the request of the license holder. It was the Council’s decision to begin the ninety-day cessation of business or abandonment from the time of the hearing on August 26, 2002, at that time, Mr. Anthony requested that the location for license be put on the agenda for discussion.

It was moved by Councilor Swain, seconded by Councilor Littman to accept the communication from Quentin Anthony and continue this to the next Town Council meeting on September 23, 2002. So unanimously voted.

CONSENT AGENDA

It was requested that items # 1, 2 and 4 (b) (ii) and (iv) be removed from the Consent Agenda. It was moved by Council President Settipane, seconded by Councilor Swain to approve the amended Consent Agenda. So unanimously voted. The Consent Agenda consist of the following:

a) ENGINEERING, Account: 70420.100

i) GZA – landfill $4,842.66 (continued for additional information from 08/26/2002)

3) Copies of minutes of board and committee meetings:

a) Harbor Management Commission (05/20/2002, 06/19/2002, 07/10/2002, 07/18/2002, 07/29/2002, 08/07/2002)

b) Zoning Board of Review (06/23/2002)

c) Water Study Committee (03/12/2002, 04/03/2002, 05/01/2002, 06/05/2002, 07/10/2002,)

4) CRMC

a) notice

i) John R. Perez re: modifications to an existing (Assented) residential boating facility (Plat 2, Lot 106; 27 Aquidneck Court)

b) assent

i) Marilyn A. Munger re: construct alteration within an existing marina perimeter limit by removing sections of the existing fixed pier and floating docks and installing a floating wave screen 16’ x 205’6" with 16" diameter support pilings (Plat 9; 1 Ferry Wharf)

iii) Louis J. Mariorenzi/Priscilla Szneke re: construct a residential boating facility consisting of a 4’ x 142’ fixed timber pier terminating at a perpendicular 4’ x 20’ fixed pier section of lower elevation (Plat 8, Lot 271; 84 Bay View Drive)

v) David and Gilda Piccoli re: construct renovations and additions to an existing dwelling; to include replacing the existing septic system with a DEM approved ISDS, relocation of an existing driveway, a terrace w/ retaining walls and landscaping (Plat 2, Lot 84; 584 East Shore Road)

c) finding of no significant impact

i) Anthony A. Zona re: irregular shape inground pool in accordance to plans submitted (Plat 3, Lot 488; 1131 North Main Road

ii) Teresa Salk re: construct a 20’ x 40’ inground pool and replace 20 trees 50’ landward (Plat 7, Lot 88; 20 Seaview Avenue)

d) September 2002 Calendar

5) IBPO Local 305 re: grievances

6) Abatements/Addenda Report of Tax Assessor

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1) Adoption of Council minutes: 08/13/2002 (regular meeting)

Tricia’s TropiGrille

Council President Settipane requested that the minutes for the August 13 meeting be amended as follows: page 5 – the minutes should reflect that Fred Brown had signed off on the applications for the location of 14 Narragansett Avenue, going back to the 1990s. Additionally, it was found in the course of the hearing that it was not an expansion under Section 14 (a) and therefore did not require it be turned over to Sewer and Water.

2) Bills and payroll

Councilor Willis inquired about a bill from Narragansett Electric for Fort Getty in the amount of $10,000.00. Councilor Willis asked for the total amount paid to Narragansett Electric for work done at Fort Getty.

The Town Administrator informed the Council that over the July 4th weekend the electric power burned out and presented a safety issue. An inspection of the pavilion was also done and it was found that the wiring was corroded and needed replacement. The Town Administrator recommended that the Fort Getty electrical system should be reviewed as well as the types of recreation vehicles that are being admitted to the park.

It was moved by Councilor Long, seconded by Councilor Swain to accept items 1 and 2 from the Consent Agenda. So unanimously voted.

4) CRMC

b) assent

ii) Settipane Family Trust re: enclose a 14’ x 14’ section on an existing porch w/ windows and doors; replace an existing post and rail fence with a 6’ high fence (Plat 16, Lot 11; 301 Seaside Drive)

iv) and corrected assent Settipane Family Trust re: reduce coastal buffer zone requirement from 50’ as permitted by CRMC to an average width of 25’ as shown on plans (Plat 16, Lot 11; 301 Seaside Drive)

Council President Settipane noted that he would be recusing from any vote regarding item 4 (b) (ii) and (iv).

It was moved by Councilor Swain, seconded by Councilor Long to accept item 4 (b) (ii) and (iv). It was voted Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis, aye. Council President recused. The motion passed with four in favor and one recusal.

EXECUTIVE SESSION ANNOUNCEMENT

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

1) Pursuant to RIGL 42-46-5 (a) (5) real estate (per Council President Settipane)

PUBLIC HEARINGS

1) Proposed Jamestown Zoning Ordinance Amendments related to protection of critical lands containing freshwater wetlands, high ground water table and/or shallow impervious layer (High Groundwater Table Ordinance )

a) Communication from Stephen A. Evangelista and Elaine S. Barone

b) Communication from Robert B. Gates

It was moved by Councilor Long, seconded by Councilor Swain to accept the communications from Stephen Evangelista and Elaine Barone and Robert Gates. So unanimously voted.

Council President Settipane opened the public hearing at 7:15 PM.

Council President Settipane stated that the general intent of the proposed Zoning Ordinance Amendment was to address environmental and health risks because of the number of wet lots in the northern end of the island and soil concerns relating to those lots deemed to be impervious.

The Town Planner reviewed the findings of fact and general findings relating to the proposed Zoning Ordinance and efforts being made for the protection of critical groundwater resources in Jamestown.

Council President Settipane asked the Town Solicitor if development were excluded at 24" would that amount to a wrongful taking or invoke liability on the Town by prohibiting building on a lot. The Town Solicitor referred to Section 314 in conjunction with the whole Zoning Ordinance. The Zoning Ordinance allows any person to apply for a use variance from the terms and conditions of the ordinance. The Zoning Board of Review would handle each request on a case by case basis. The Town Solicitor further stated that the mere adoption of the ordinance would not amount to a taking because the property owner must exercise administrative remedies.

Council President Settipane addressed Section 308 B. Requests for dimensional variances; items 5 through 8. The Town Solicitor noted that Section 308 was an attempt to create standards where none had existed so that the Zoning Board of Review can measure applications that come to them for permission to come closer to a wetland than 150’. This may require services of an engineer.

The Town Solicitor noted that the phrase in sub district B should be removed in Section 308 B.

Councilor Littman inquired if there was a chart to determine the actual scope of Sub-District A and Sub-District B.

The Town Planner noted that she would provide this information. The Town Solicitor added that the Sub-Districts would be further defined by a soil evaluator.

Councilor Willis suggested that this proposed ordinance is over burdensome and expressed her concerns relating to the impervious layer.

Those presenting oral and written testimony regarding the proposed ordinance were:

John Murphy, 77 Narragansett Avenue

David Martin, Fairview Street

James Donnelly, America Way

Sav Rebecchi, Sail Street

Joseph Pessella, no address given

John Caito, no address given

Laszlo Siegmund, 183 Narragansett Avenue

Maria Thurston, Seaside Drive

Christopher Powell, Mt. Hope Avenue

Amy Barclay DeTolly, Ferry Street

William Pavie, Seaside Drive

Steven Evangelista, East Shore Road

Robert Felner, 37 Seaside Drive

Richard Pasture, the engineer working with the Planning Commission addressed specific concerns mentioned by the Council and residents.

In order for the Town Planner and the Council to have time to further consider the proposed ordinance, it was moved by Council President Settipane, seconded by Councilor Long to continue the Public Hearing to Monday, October 7, 2002 and to have the Town Planner take into consideration some of the comments of the critical questions concerning coverage, lot size use, the impact of the need to go through this procedure on Zoning, Planning, the Building Inspector, the Town Planner and come back to the Council with some suggestions. So unanimously voted.

It was requested that the Council take a break at 9:20 PM.

The Council returned to the meeting at 9:30 PM.

OPEN FORUM

1) Scheduled Requests to Address

None

2) Non-Agenda Requests to Address

None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator’s report

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Town Administrator's Report

September 9, 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.

A few weeks ago I offered the position of wastewater management coordinator to Justin Jobin. Justin accepted the job and has been working about twenty hours a week for the past three weeks. He has been working predominantly on public education materials while reviewing different software programs. Recently Justin assisted with the educational portion of the wastewater management program for the Town of Charlestown. With Justin on board, I anticipate the Town's wastewater management program will move forward.

I received the attached communication from Bob Sutton, Chief of Planning far RIDEM. One of the items RIDEM agreed to, as a condition of the road cut permit, was to overlay Fort Wetherill Road from the entrance of the boat ramp parking lot at Fort Wetherill Park to the new Fish and Wildlife parking lot. I have reviewed this request with Steve Goslee and I had a follow-up conversation with Bob Sutton. Included in your package is the schedule for the installation of the new electrical cable across the east passage. Since Narragansett Electric anticipates installing the cable in October, Steve and I have decided it is best to wait until the next oiling/paving season to complete the work on Fort Wetherill road. I have no problem with the Town completing the work and being compensated by RIDEM for labor, materials, and equipment cost. The work to be completed includes skimming the road, followed by resurfacing it with oil and blue stone. Bob Sutton is agreeable to waiting until next season and compensating the Town for their services.

In the next few weeks, I will place in advertisement an the Providence Journal for a Town Engineer. In the past year, a number of Town departments used the contracted services of an engineer for various projects. The need for these services will continue in the coming year. To help with continuity, it would be in the best interest of the Town to have the same individual work on the various projects. Currently, I see this person as a consultant and not as an additional staff member. As you know we have budgeted for a Town Engineer.

When I was appointed Town Administrator, a condition of my appointment was to attend class or take courses, which would lead towards a Masters in Public Administration. Following through on their directive, I applied and was accepted in URI's Masters in Public Administration Program. As of the end of July I completed all required course work, passed the comprehensive exam and received my Masters in Public Administration from the University of Rhode Island. I would like to thank the current council and past councils (and especially my husband) for their support in this endeavor.

For your information I have attached the following documents:

Copies of the most recent test results for the landfill

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Following the presentation of the Town Administrator’ report, Councilor Willis requested additional information on the water test results. The Town Administrator will provide the Council with copies of the report from GZA.

The Town Administrator informed the Council that the budgeted amount for engineering is $35,000.00 and $3,000.00 for material and supplies for a total of $38,000.00. Some of the projects that the engineer will be dealing with are Harbor Commission projects, sewer rehabilitation, highway garage, Town Hall, Narragansett Avenue Enhancement Project, subdivision review, and other projects as the come up. This position will be as a consultant and not an employee of the Town.

Councilor Swain requested additional information relating to the Harbormaster’s Activity Report. Council President Settipane noted that Chief Tighe is working on a summary report to address those issues.

Liquor Ordinance

The Town Administrator updated the Council on the progress for obtaining a consultant to assist the Town in creating a Liquor Ordinance. Presently the Town Administrator is in the process of contacting consultants and will add the tracking of this ordinance on her report.

2) Parking Committee

a) Report re: recommendations for changes in ordinance

The recommendations by the Parking Committee for changes in the ordinance were reviewed.

It was moved by Councilor Willis, seconded by Councilor Long to advertise for a public hearing on these recommendations. So unanimously voted.

3) Tree Warden

a) Report re: hazardous trees

The Town Administrator informed the Council that it is expected that it will be necessary for the Town to budget funds for the removal of hazardous trees.

4) Personnel Board (one vacancy; term ending 6/30/2005); duly advertised; interviews complete; if favorable appoint

a) Letter of recommendation from Chair

b) Request for reappointment

i) Jeffrey Brier (request withdrawn 8/23/2002)

c) Request for appointment

ii) Mary Ann Joyce

It was moved by Councilor Willis, seconded by Councilor Littman to appoint Mary Ann Joyce to the Personnel Board, term ending 6/30/2005. So unanimously voted.

5) Tax Assessment Board of Review (one vacancy; term ending 6/1/2005); duly advertised; interviews complete; if favorable appoint

a) Letter of recommendation from Chair

b) Request for reappointment

i) Anne Maxwell Livingston

It was moved by Councilor Littman, seconded by Councilor Long to appoint Anne Maxwell Livingston to the Tax Assessment Board of Review, term ending 6/1/2005. So unanimously voted.

UNFINISHED BUSINESS

1) Highway Barn (continued for additional information)

The Town Administrator provided the Council with additional information relating to the proposed Highway Barn. This information included cost estimates prepared by Jeff Alberti from Gannett Fleming.

The Council discussed the cost estimates supplied by Mr. Alberti. Several Council members raised questions regarding the differences in cost estimates from those previously presented to them. The Town Administrator noted that some of this information was based on requests made by Council members at workshops for the Highway Barn.

Council President Settipane inquired if a structure such as the steel pre-fabricated building used by Conanicut Marine Service at their Taylor Point facility could be considered for the storage needs of the Town. William Munger, owner of Conanicut Marine Service, stated that the Town should determine their needs and put out an RFP for this type structure.

The Council discussed the need to determine the size of the facility needed. Councilor Willis requested additional information and documentation on the types of code that must be met, as well as having the Town Administration review the size of the facility needed, taking into consideration the fact that much of the equipment is designed to be stored outside. Upon determination of size, there may be other areas to consider for the location of the facility.

It was the consensus of the Council that the size of the highway facility be put on the agenda for information and a vote.

Council President Settipane requested additional information on estimates for pre-fabricated buildings.

Mr. Munger noted that his building cost for a pole barn with a timber frame was approximately $15.00 per square foot. Additionally, he suggested that the Council should first determine the area that needs to be heated, and the shed space and height of the buildings needed because these are the items that drive the costs up.

Sav Rebecchi, Sail Street, noted that two buildings could be designed using a lower cost figure and sited accordingly.

COMMUNICATIONS

1) Council copies of correspondence re: non-conforming dwelling

a) Letter from Tom Johnson

b) Reply from Zoning Enforcement Officer

c) Reply from Tom Johnson

It was moved by Councilor Swain, seconded by Council President Settipane to accept the communications from Tom Johnson. So unanimously voted.

2) Invitation from Jamestown PTO re: Melrose School Playground

It was moved by Council President Settipane, seconded by Councilor Swain to accept the invitation from the Jamestown PTO. So unanimously voted.

3) Mark Lancaster and David Bolger re: wine and liquor store at

East Ferry

It was moved by Councilor Long, seconded by Councilor Swain to accept the letter from Mark Lancaster and David Bolger. So unanimously voted.

4) Mary Meagher re: noise ordinance

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

5) Jack Reed re: Quonset/Davisville Port and Commerce Park

It was moved by Councilor Long, seconded by Council President Settipane to accept the communication from Senator Jack Reed. So unanimously voted.

6) Aline Santerre re: "Old" Jamestown Bridge

It was moved by Councilor Long, seconded by Councilor Willis to accept the correspondence from Aline Santerre. So unanimously voted.

7) William Sheehan re: parking concerns

It was moved by Council President Settipane, seconded by Councilor Willis to accept the letter from William Sheehan. So unanimously voted.

NEW BUSINESS

1) Narragansett Electric re: easement for cable at Ft. Wetherill (per Town Administrator)

a) Letter to Town Administrator

b) Easement

c) Map

It was moved by Council President Settipane, seconded by Councilor Littman to approve the request of Narragansett Electric for the easement subject to Town Administrator’s and Town Solicitor’s review and the approval. So unanimously voted.

2) Jamestown Historical Society re: management of Conanicut Battery on Prospect Hill

It was the consensus of the Council to continue the communication from the Jamestown Historical Society regarding the management of the Conanicut Battery to the next Council meeting on September 23, 2002.

3) Sidewalk repairs (per Council President Settipane)

The Town Administrator reported that the Public Works Director has inspected some sidewalks and made repairs. It was also reported that roots of trees have surfaced causing significant problems. The Tree Warden has been asked to inspect these areas and advise the Town as to what steps can be taken to alleviate these problems. There is a Tree Committee meeting this week and it is expected that a report will be submitted regarding this issue.

Council President Settipane requested an assessment of Narragansett Avenue, the waterfront and the sidewalks near the apartments on Pemberton Avenue and the plan of action to address these areas.

4) Parking Lot on Narragansett Avenue (per Council President Settipane)

The Town Administrator reported that the site plan has been reviewed by the Planning Commission and the materials are in; it is expected that work will begin the first week in October.

5) EVENT APPLICATION

Applicant Type Date(s)

Chamber of Commerce Event 10/05/2002

It was moved by Councilor Willis, seconded by Councilor Littman to approve the event application for the Chamber of Commerce for October 5, 2002. So unanimously voted.

6) ONE-DAY LICENSE APPLICATIONS:

Applicant Type Date(s)

Chamber of Commerce Peddler & Entertainment 10/05/2002

It was moved by Councilor Willis, seconded by Councilor Swain to approve the One-Day Peddler & Entertainment license for the Chamber of Commerce on October 5, 2002 and to waive the fee. So unanimously voted.

Conanicut Island Land Trust Peddler 09/28/2002

It was moved by Councilor Willis, seconded by Councilor Littman to approve the One-Day Peddler license for the Conanicut Island Land Trust for September 28, 2002. So unanimously voted.

Jamestown Fire Department Entertainment 09/28/2002

It was moved by Councilor Willis, seconded by Councilor Swain to approve the Entertainment license for the Jamestown Fire Department for September 28, 2002 and to waive the fee. So unanimously voted.

7) Conanicut Island Land Trust request for police assistance re: HeyDay

It was moved by Council President Settipane, seconded by Councilor Willis to authorize the Jamestown Police to provide assistance to the Conanicut Island Land Trust on HeyDay. So unanimously voted.

8) SUNDAY SALES LICENSE APPLICATION (New)

Applicant: Deborah Goyette

Business (dba) Debsbeads

Address 123A Narragansett Avenue

It was moved by Councilor Swain, seconded by Councilor Littman to approve the Sunday Sales license for Debsbeads, subject to the resolution of debts, taxes and appropriate signatures. So unanimously voted.

EXECUTIVE SESSION

It was moved by Council President Settipane, seconded by Councilor Littman to enter into Executive Session at 10:25 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; Council President Settipane, aye. The motion unanimously passed.

The Council returned from Executive Session at 10:40 PM. It was moved by Councilor Willis, seconded by Councilor Swain to seal the minutes of the Executive Session and to direct the Town Administrator to explore information on the potential purchase of property as discussed in executive session. It was voted Councilor Littman, aye; Councilor Long, aye; Councilor Swain, aye; Councilor Willis aye; Council President Settipane, aye. The motion unanimously passed.

There being no further business before the Council it was moved by Council President Settipane, seconded by Councilor Long to adjourn the meeting at 10:42 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk