***** UNAPPROVED MINUTES *****

TOWN COUNCIL MEETING

January 13, 2003

(Amended January 27, 2003)

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:05 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth J. Littman

David J. Long

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Town Solicitor

Thomas P. Tighe, Police Chief

Present for presentations were:

Robert Ballou, Chief of Staff, Rhode Island Department of Environmental Management

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1) Swearing in Ceremony of Police Officer Karen A. Moulay

Council President Settipane invited Karen A. Moulay to appear before the Town Council to be sworn in as a new police officer for the Town of Jamestown. Ms. Moulay was joined by her father for the ceremony.

    1. Robert Ballou re: Discussion of the Russian Fishing Vessels

Robert Ballou informed the Council that Mayflower International, agent for the fish-processing vessel Dauriya, has agreed to abide by all Rhode Island regulations and restrictions while here in Rhode Island. Mr. Ballou stated that the vessel is expected to be in Rhode Island waters for two to three months for the purpose of purchasing fresh mackerel from local fisherman.

Mr. Ballou stated that the State has considered input from the surrounding communities and is expected to make a final decision within the week. This season, the vessel will be located south of the Jamestown Bridge in the West Passage and alternately at the south end of the Newport Bridge. Mr. Ballou stated that Quonset Point was recommended by the Pilots Association; however there was not enough room to navigate because of the large cargo carriers using the facility. Mr. Ballou informed the Council that in order to limit lighting and noise, the Dauriya will be restricted from off-loading between the hours of 12:00 midnight and 6:00 AM. Mr. Ballou noted that there will be a twenty-four hour hot line for the reporting of any issues or concerns; the number is 401-222-3070.

The Council expressed their concerns to Mr. Ballou relating to the time of operation, noise and the need for regular inspections. Mr. Ballou invited the Council to contact him directly if there are any problems or if they have additional concerns.

It was moved by Council President Settipane, seconded by Councilor Willis that the Town of Jamestown files no objection to the issuance of a permit, subject to the terms and conditions as represented by RIDEM, for the fish-processing vessel for a limited time period continuing to the end of April. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1) Request to reconsider motion re: transfer of Class A Liquor License from Island Beverage, Inc., dba: Jamestown Liquors, formerly of 9 Ferry Wharf to Grapes and Gourmets, Inc., dba: Grapes and Gourmets, 47 Conanicus Avenue, Unit #3 (per Councilman Long)

The Town Solicitor noted that an appeal has been taken with the State on the previous decision by the Jamestown Town Council for denial of transfer of the Class A Liquor License from Jamestown Liquors to Grapes and Gourmets. The question of whether the Jamestown Town Council in their capacity of the Alcoholic Beverage Licensing Commissioner has the authority to reconsider their decision. Mr. DeSimone advised that after review of the facts and based upon the absence of established rules and regulations by which the Board of Liquor Licensing Commissioners conducts itself and given the authority given to a judicial body or in this case a quasi judicial body, it is possible for a decision to be vacated, the matter reconsidered and a new decision entered.

Mr. DeSimone informed the Council that he has reviewed the letter forwarded to the Council by the Department of Business Regulation advising that you do not have the authority to act on a motion to reconsider. According to Robert’s Rules of Order, the Commissioners may only reconsider if a motion is made by a person in the prevailing party and such motion is made prior to the next meeting.

Councilor Long stated that he was unaware of the intrinsic value of a liquor license when he voted to deny the transfer. He has discussed this with the Town Solicitor and is now better informed and able to make a decision; for this reason, would like to reconsider the original motion.

Following further discussion by the Council regarding their authority to reconsider this motion while there is an appeal pending, it was moved by Councilor Long, seconded by Councilor Littman to reconsider the vote regarding the transfer of Class A Liquor License from Island Beverage, Inc., dba: Jamestown Liquors, formerly of 9 Ferry Wharf to Grapes and Gourmets, Inc., dba: Grapes and Gourmets, 47 Conanicus Avenue, Unit #3. The vote was Councilor Long, aye; Councilor Littman, nay; Councilor Willis, nay; Councilor Swain, nay; Council President Settipane, nay. The motion failed with one in favor and four opposed.

2) Letter to the Town Council from the Marina Golden Group re: Application of a Class A (retail) Liquor License

The Town Solicitor suggested that the consideration of this application is premature. When this license is available, the proper procedure would be to advertise the availability of a Class A Liquor License and receive applications from all interested parties.

It was moved by Councilor Willis, seconded by Councilor Littman to accept the communication from the Marina Golden Group. So unanimously voted.

CONSENT AGENDA

It was requested that items #2, 4 (b) and (c) be removed from the consent agenda. Motion by Council President Settipane, seconded by Councilor Swain to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:

1) Adoption of Council minutes:

      1. 12/09/2002 Regular Meeting
      2. 12/16/2002 Special Meeting
    1. Copies of Minutes of Boards & Committee Meetings:
    1. Planning Commission (11/20/2002)
    2. Library Board of Trustees (11/19/2002)
    3. Affordable Housing Committee (10/15/2002)
    4. Fire Department Compensation Committee (10/29/2002)
    5. Harbor Management Commission (11/13/2002, 11/19/2002)
    6. i) Facilities Sub-Committee (11/21/2002)

    7. Jamestown Housing Authority (11/14/2002)
    8. Personnel Board (12/18/2002)

4) RI CRMC Notices:

a) January 2003 Calendar

b)

c)

d) Elizabeth Perik, 170 Westfield Dr., E. Greenwich re: construction of a residential boating facility located at Plat 9 Lot 380; 10 High Street

e) Jamestown Conservation Commission re: a 450’ extension to existing nature trails and construct a wooden wildlife viewing platform; located at Plat 7 Lot 4; East Shore Rd.

5) RI DEM Notice re: Announcement of Availability of Draft 2002 303(d) list of Impaired Waters

6) Abutter Notice to the Town of Jamestown from the Zoning Board of Review re: the following applications:

a) Trattoria Simpatico, Inc. (RSLIP, LLC owner), property located at 13 Narragansett Ave., and further identified at Plat 9, Lot 603 for Special Exception from Article 3, Section 301, Table 3-1 VI C3 and Article 6, Section 603 to increase the kitchen area by 378 sq. ft. by razing the structure which contains the existing kitchen and constructing a new structure which will contain a total of 525 sq. ft.. Said property is located in a CD zone and contains 15,337 sq. ft.

b) William Brazil, Jr. et ux Elizabeth B., whose property is located at 883 E. Shore Rd. and further identified at Plat 2, Lot 7 for a variance from Article 3, Section 3-2 (District Dimensional Regulations) to construct a front porch addition which will be 14’ from the front line instead of the required 40’, and 12’ from the northerly (side) lot line instead of the required 30’. Said property is located in a RR80 zone and contains 30,000 sq. ft.

7) Navy Station Newport Restoration Advisory Board Meeting 11/20/2002

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2) Bills and Payroll

Councilor Willis requested additional information relating to the billing from Jamestown Water Division in the amount of $778.65. The Town Administrator reported that any work that the Department of Public Works does for Water and Sewer will appear on the list of bills for the Board of Water and Sewer Commission.

Council President Settipane inquired into payments made to Creative Transformations in the amount of $2,460.00. The Town Administrator reported that this payment for the computer consultant for the Town. The budgeted amount is approximately $30,000.00 per year for the consultant that maintains the operations of the computer network for the Town.

4) RI CRMC Notices:

b) Jamestown High Street Right-of Way meeting

c) Postponement of the Jamestown High Street Right-of-Way meeting

Councilor Littman noted that the High Street Right-of-Way meeting has been rescheduled to Tuesday, January 28, 2003. The Town Solicitor informed the Council that at that time, only new testimony will be accepted, at which time, the Town would have the opportunity to cross examine.

It was moved by Council President Settipane, seconded by Councilor Willis to accept items # 2, 4 (b) and (c). So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

None

OPEN FORUM

1) Scheduled Requests to Address

None

2) Non-Agenda Requests to Address

Jill Anderson, West Reach Dirve informed the Council that the agenda was not online. She suggested that each department be responsible for the input of their own agendas on the Town website.

Richard Allphin, Clarke Street commented that the there is an overall problem with the State in general keeping websites up to date. Mr. Allphin suggested the Council direct the Computer Study Committee, Town Consultant and himself to meet and establish goals.

The Town Administrator informed the Council that the Computer Consultant has been working on the Town web page and she would like to put that issue on the agenda for February for further discussion.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator’s report

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Town Administrator's Report

January 13, 2003

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.

Included on your agenda this evening is a letter from the International Brotherhood of Police Officers regarding some concerns of the police department. Chief Tighe and I met with the police officers to discuss these issues. Some of the issues are budgetary and have been addressed through the budget process. Other issues will be attacked once we get into the warmer / construction season this spring. It was evident to me during this meeting that there has been a gap in communication. At the conclusion of this meeting, all in attendance agreed that there is now a better understanding of the budgetary process, lead times, and a better communication process.

Upon arrival to work on Thursday January 8, 2003, the Town Office basement was flooded with approximately three feet of water. Needless to say, we had no heat and considerable damage to the furnace, water equipment infrastructure and equipment stored in the basement was evident. Portable heaters were brought in and the Trust was contacted. The Trust contacted a cleaning company and a hauler to assist with the clean up and pumping out of the basement. We are working with the Trust to inventory and assess damaged equipment.

It was determined the flooding may have been caused by a broken pipe within the sewer line in Southwest Avenue. As required, all the necessary state agencies were notified of the incident.

In December Bill Murphy wrote a letter on the town's behalf to receive a surplus mini bus from RIPTA. I received a call from Bill Murphy on December 26th informing me there are five minibuses available to be inspected by interested parties. I asked Steve Goslee to inspect the mini buses with the town mechanic. Steve called RIPTA who informed him they will be setting up a time when all interested parties will be able come and inspect the mini buses. I will keep you posted. I will also assemble a brief overview of annual operating costs to maintain, insure, store and operate such a vehicle, based on RIPTA information.

The League of Cities and Towns is holding its annual convention throughout the day January 30, and its annual dinner with the installation of the Board of Directors will take place on the evening of January 30th. Town Planner Lisa Bryer will be at the session updating our Comprehensive Plan. Also, for the past four years I have served on the

Board of Directors and have been nominated to again serve on the Board this coming year. If any Council members are interested in attending either the convention or dinner please let me know by this coming Thursday, and I will take care of registrations for either session. (See attached information)

As you requested I have attached a draft of the RFQ for the design of the Highway Garage. I look forward to your feedback.

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The Town Administrator presented her report to the Council.

Following is additional information discussed with the Town Administrator.

Town Water

Councilor Willis requested that water issues be reported on a bar graph to enable the Council to keep them on target.

Highway Facility

The Town Administrator was directed to move forward with the advertisement for the Request For Qualification.

Skateboard Park

The Town Administrator reported that the Trust is in the process of addressing their recommendations relating to the Skateboard Park. When those concerns are addressed, it is expected that they will issue the insurance for the park. The Town Administrator stated that it is expected to take approximately four weeks to have the insurance in place.

Proposed Noise Ordinance Work Session

The Town Administrator reported that she expects to meet with the consultant at the end of the month and will report back to the Council.

    1. Boards, Commissions and Committees
    2. a) Composition Under Charter (per Council President Settipane)

      b) Harbor Management Commission

      c) Other Committees

      The Town Solicitor reviewed his letter to the Town Clerk dated December 9, 2002, regarding charter changes affecting Boards, Commissions and Committees.

      Upon further investigation, the Town Solicitor noted that the following information regarding the Harbor Management Commission:

      The Harbor Management Commission position, pursuant to the Harbor Management Ordinance, consists of ten (10) voting members. It is created pursuant to our Town Ordinance, the authority to enact the Harbor Management Ordinance comes from the General Assembly and CRMC. It is designed to implement rules and regulations having to do with our harbor waters. Under RIGL, Title 46, CRMC is the primary agency for managing the harbor waters; however, Chapter 4 allows municipalities, through their Harbor Management Ordinance, to enact regulations on our public and tidal waters. The CRMC retains the authority to approve our Harbor Management Plan and the key element of that plan is our Harbor Management Ordinance. Therefore, the Town Solicitor noted, we do not have the ability to amend our Harbor Management Ordinance or the composition of the board, without first obtaining the approval of CRMC. The Town is in the process of submitting a new Harbor Management Plan to CRMC for their approval.

      In addition to the Town Solicitor’s letter to the Clerk and the above exception, it was noted that any member in excess of the three-term limit shall be allowed to serve out the balance of their term; but would not, provided that the member has served three full consecutive terms, be able to be reappointed.

    3. Harbor Management Commission
    4. a) Set date for proposed ordinance workshop

      It was the consensus of the Council to coordinate a date for a workshop to be held to review the Harbor Management Ordinance.

      b) Letter from the Chair re: Reappointment of Jim Archibald

      It was moved by Councilor Long, seconded by Councilor Swain to accept the communication from the Harbor Management Commission Chair in reference to the reappointment of Jim Archibald. So unanimously voted.

    5. Quonset/Davisville Liaison Committee
      1. Composition of Committee (continued from 11/25/2002 – minutes attached)
      2. Reappointment of present members, as requested by Council on 11/25/2003; terms ending 12/30/2004
        • Dennis Webster, Chair
        • Paul Sullivan
        • Varoujan Karentz
        • John Collins (newly appointed 11/25/2002)

        It was moved by Councilor Long, seconded by Councilor Willis to reappoint Dennis Webster, Paul Sullivan and Varoujan Karentz, for terms ending 12/30/2004. So unanimously voted.

        It was the consensus of the Council to advertise for an additional member, term ending 12/30/2004.

        5) Personnel Board (per Council President Settipane)

        Council President Settipane stated that the Personnel Board’s duties have increased under the Charter. President Settipane suggested charging the Personnel Board with regards to the powers conferred upon them through the Charter, to meet and undertake recruitment, meet with the Town Clerk, work with regards to the advertisements, management of applications, tracking of expiration of terms and to give a list of recommendations to the Council. Council President Settipane indicated that this would be in line with the Charter.

        With additional discussion and concern relating to the implementation of such a charge, it was requested by Councilor Long that this be put on the next Town Council agenda for continued discussion.

        It was moved by Councilor Willis, seconded by Councilor Littman to advertise for two additional members to be appointed to the Personnel Board. So unanimously voted.

          1. Town Buildings and Facilities Committee (per Council President Settipane)

        Council President Settipane noted his concerns regarding the space constraints at Town Hall and the conditions of other Town buildings.

        Following Council discussion, it was moved by Council President Settipane, seconded by Councilor Willis that Councilor Littman, Council Liaison, contact the current members of the Town Buildings and Facilities Committee for the purposes of calling a meeting to order, and that the Council charge that committee with assessing Town Government office and building needs and operations as well as the infrastructure; those needs inclusive of site and size for a new Town Hall and for use of the Fort Wetherill site, and such other needs that are delegated from time to time and that the committee be instructed at that meeting to select their own chair. So unanimously voted.

        7) Planning Commission

        a) Memorandum re: Recommendation to the Council regarding a proposed Zoning Ordinance Amendment related to Off-Street Parking submitted by the Jamestown Chamber of Commerce

        It was moved by Councilor Swain, seconded by Councilor Long to advertise a public hearing for the proposed Zoning Ordinance Amendment related to Off-Street Parking submitted by the Jamestown Chamber of Commerce within the prescribed sixty-five (65) days. So unanimously voted.

        b) Composition of commission (per Town Solicitor)

        Previously addressed.

        c) One vacancy exists on the Planning Commission (term ending 12/31/2006); duly advertised and all interviews completed; if favorable, appoint:

        i) Request for reappointment

                • Mary Brennan (two terms served)
                • Michael Schnack (first term served)

        ii) Letters of interest:

          • Carolyn Sears (interviewed 02/11/2002)
          • William C. Kelly (interviewed 07/15/2002)
          • Phillip E. Brian (interviewed 07/15/2002)
          • Barry Holland (interviewed 01/13/2003)
          • Thomas Harris (interviewed 01/09/2003)
          • Vincent Moretti (interviewed 01/09/2003)
          • David Nardolillo (interviewed 01/09/2003)

        Following a discussion by the Council of their individual choices, it was moved by Councilor Willis, seconded by Councilor Swain to appoint Barry Holland to the Planning Commission for a term ending 12/31/2006. The vote was Councilor Willis, aye; Councilor Swain, aye; Council President Settipane, aye; Councilor Long, nay; Councilor Littman, nay. The motion passed with three in favor and two opposed.

        8) Zoning Board of Review

        a) Memorandum from Town Clerk re: Zoning Board of Review three alternate vacancies exist terms ending: 12/31/2003; duly advertised and all interviews completed; if favorable, for reappointment:

        i) Richard Boren; 1st Alternate (two terms served)

        ii) Joseph S. Logan; 2nd Alternate (two terms served)

        iii) Kathleen Managhan; 3rd Alternate (one term served)

        b) Letter from the Chair re: reappointment of alternates

        It was moved by Council President Settipane, seconded by Councilor Willis to reappoint Richard Boren, 1st Alternative, Joseph S. Logan, 2nd Alternative and Kathleen Managhan, 3rd Alternative for terms ending 12/31/2003. So unanimously voted.

        It was a consensus of the Council that Mr. Grieco be sent a letter in appreciation for his service.

        9) Conservation Commission

        a) Memorandum re: Conservation Commissioner Mary Hutchinson

        It was the consensus of the Council that Mary Hutchinson be sent a letter in appreciation for her many years of service on the Conservation Commission.

        10) Tree Preservation and Protection Committee

        a) Resignation letter from Steven Tiexiera (term ending 01/31/2003)

        b) One (1) vacancy exists, term ending 01/31/2006, if favorable order advertising

        It was moved by Councilor Swain, seconded by Councilor Willis to accept the letter of resignation from Steven Tiexiera. It was the consensus of the Council to advertise for the vacancy on the Tree Preservation and Protection Committee.

        UNFINISHED BUSINESS

        1) Proposed Ordinance Regulating Alcoholic Beverage License

        a) Set workshop date for 02/04/2003 or 02/06/2003

        The Council discussed available dates for the workshop. It was the consensus of the Council to hold the workshop on Thursday February 6, 2003.

        2) Proposed Noise Ordinance

        a) Set workshop date for (same as above)

        The Town Administrator informed the Council that she has contacted the consultant and will schedule a workshop as soon as he is available.

        3) Neighborhood Advisory Committee (cont. from 12/16/2002)

        Council President Settipane suggested that this item be continued until the Council has received the Request For Proposals back for the Highway Facility.

        4) Jamestown Housing Authority (cont. from 11/25/2002)

        a) Request to waive PILOT funds

        Housing Authority Chair Ernest Anthony requested that the Council waive the payment in lieu of taxes for the years of 2001, 2002 and 2003. This waiver would allow the Housing Authority to utilize these funds to address the needs of the complex and its residents.

        It was requested that the Town Solicitor investigate to see if the Council has the ability to waive past taxes. The Town Solicitor suggested that in the future the request to waive be made in the year that the taxes are assessed.

        Mr. Anthony informed the Council that they have had these payments waived since 1986. The Pilot Funds consist of 10% of the excess utilities per year. This amount is due to the Town, for this year it would be approximately $6,300.00

        It was the consensus of the Council to continue this to the next Town Council meeting.

        COMMUNICATIONS

        1) Letter from IBPO Local 305 (Police Union) re: work environment

        It was moved by Council President Settipane, seconded by Councilor Long to accept the communication from the IBPO Local 305. So unanimously voted.

        2) Letter from the Jamestown Chamber of Commerce re: proposed Zoning Ordinance Amendment

        It was moved by Councilor Willis, seconded by Councilor Swain to accept the letter form the Jamestown Chamber of Commerce. So unanimously voted.

        NEW BUSINESS

        1) Notice of Proposed ISDS Requiring Variance from ISDS Regulations re: Application #0215-0378; Plat 5 Lot 58, Ferry Street

        a) Letter from Richard Pastore

        The Town Administrator informed the Council that she has requested an extension from Coastal Resources Management Council (CRMC) regarding application #2015-0378; Plat 5, Lot 58 on Ferry Street. It was recommended by the Town Administrator and Town Solicitor that the Town hire an expert to review the application and report on the potential impact of the development.

        There was concern that the Council is under time constraints for their reply to CRMC. However, the Town Solicitor noted that in some instances, it is taking CRMC more than two or three weeks to review these variances.

        Amy Barclay de Tolly presented a letter to the Council from abutting property owners expressing their concerns with variance requests for properties located in the surrounding area of their lots. Additionally, Ms. de Tolly provided pictures of lots in the area showing standing groundwater. Ms. de Tolly and her neighbors asked the Council to respond to variance requests to develop surrounding lots by informing the CRMC of the negative impact and hardship any further development of that area will have.

        It was moved by Councilor Willis, seconded by Councilor Settipane to instruct the Town Administrator, using her discretion, to hire an engineer or such other experts to review the ISDS application #0215-0378 and make recommendations to the Town Council. So unanimously voted.

        2) Notice of Claim pursuant to RIGL 45.15.5 of Barbara Gallo v. Town of Jamestown; Personal Injury

        The Town Solicitor advised the Council that they could deny the claim and forward it to the Town’s insurance carrier.

        Following Council discussion, it was moved by Councilor Littman, seconded by Council President Settipane to deny the claim made by Barbara Gallo and to forward the claim to the Trust. So unanimously voted.

        3) Letter from Rep. William H. Murphy re: RIPTA Bus

        It was moved by Council President Settipane, seconded by Councilor Willis to accept the communication from Representative William H. Murphy and to forward it to the Town Administrator. So unanimously voted.

        There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Swain to adjourn the Council meeting at 10:05 PM. So unanimously voted.

        Attest:

        Arlene D. Kalooski

        Town Clerk