TOWN COUNCIL MEETING

February 10, 2003

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

Kenneth G. Littman

David J. Long

absent: Norma B. Willis

also present were:

Maryanne Crawford, CPA, Town Administrator

Arlene D. Kalooski, Town Clerk

Douglas R. DeSimone, Town Solicitor

Lisa Bryer, Town Planner

Christopher Powell, Conservation Commission Chair

Gary Girard, Planning Commission

Richard Allphin, Zoning Board of Review

Richard Pastore, Engineering Consultant

Representative Bruce J. Long

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Request for letters of condolence:

a) Francis J. Stephenson – Ambulance driver

It was the consensus of the Council to send a letter of condolence to the family of Francis J. Stephenson.

b) Thomas Foley – former member of the Planning Commission

It was the consensus of the Council to send a letter of condolence to the family of Thomas Foley.

    1. Resolution 03-001 R re: Town Charter
      1. Joint letter from Senator Paiva-Weed and Representative Long

It was moved by Councilor Swain, seconded by Councilor Long to adopt Resolution 03-001 requesting legislation to ratify the Jamestown Town Charter. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

    1. Class F1 Application

Holy Ghost Society March 8, 2003

138 Narragansett Avenue 5:00 PM – 1:00 AM

(front lawn)

Fundraiser: Jamestown Philomenian Library

a) State Rules & Regulations re: Class F1 Liquor License

* request to waive fee

It was moved by Councilor Littman, seconded by Councilor Long to approve the F1 License for the Holy Ghost Society for a function to be held on the front lawn on March 8, 2003 from 5:00 PM to 1:00 AM and to waive the fee. So unanimously voted.

CONSENT AGENDA

It was requested that item # 10 be removed from the consent agenda. Motion by Councilor Long, seconded by Councilor Littman to approve the consent agenda as amended. So unanimously voted. The consent agenda consists of:

1) Adoption of Council minutes:

      1. 01/13/2003 Regular Meeting
      2. 01/27/2003 Regular Meeting
      3. 01/27/2003 Special Meeting
      4. Budget Meetings (01/23/2003)
    1. Bills and Payroll
    2. Copies of Minutes of Boards & Committee Meetings:
    1. Zoning Board of Review (11/26/2002, 12/17/2002)
    2. Planning Commission (12/04/2002, 12/18/2002)
    3. Water Resource Protection Committee (12/04/2002)
    4. Harbor Management Commission (12/11/2002, 01/08/2003)

i) Sub-committee (01/15/2003)

4) RI CRMC February 2003 Calendar Notice

5) Press Release

a) Affordable Housing Committee

b) Fire Department Compensation Committee

    1. Letter from the American Heart Association re: Heart on the Hill
    2. International Brotherhood of Police Officers Union Local 305 Union Grievances:

a) Officer Clarke Westall

b) Officer Seth Gillis

9) Zoning Board of Review Abutter Notification to the Town of Jamestown:

a) Michael Dutton & Janice Ryng-Dutton, whose property is located at Union Avenue, (Plat 1, Lot 243) for a variance from Article 3, Section 302 to authorize an apartment garage on premises.

      1. Application of John & Joyce Fantoli, 64 Lawn Avenue, (Plat 8, Lot 70) for a variance from Article 3, Table 3-2 and Section 311 (District Dimensional Regulations and Maximum Size of Accessory Structures) to construct an addition to an existing workshop
      2. Application of Christopher Smeraldi, 12 Union St., (Plat 9, Lot 254) for a variance from Article 3, Section 302 (District Dimensional Regulations) to renovate an existing 2 family residence that is 1.5 ft. from the side lot line instead of the required 15 ft.
      3. Application of Steven & Maria Liebhauser, 32 Narragansett Avenue (Plat 8, Lot 164) for an extension and enlargement of a special use permit as per Article 6, Section

10)

11) Abatements/Addenda from the Tax Assessor

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

10) Notice of Proposed ISDS Requiring Variance from ISDS Regulations re: Application #0115-2922, Garboard St.

Councilor Littman inquired if the Town should be taking a position regarding the request for variance. The Town Administrator reported that this was forwarded to the Building Official for his comment.

The Council discussed how the passage of the proposed High Ground Water Table Ordinance would address some of the concerns related to variances in the Jamestown Shores area.

It was the consensus of the Council that the Town Administrator contact RIDEM to request an extension and to refer the notice re: application #0115-2922, Garboard Street to the Conservation Commission and request that they report back to the Council.

It was moved by Councilor Littman, seconded by Councilor Long to accept the Notice of Proposed ISDS Requiring Variance from ISDS Regulations. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

    1. Pursuant to RIGL 42-46-5(a)(5) real estate (per Town Administrator)

Council President Settipane announced that there would be an executive session later in the evening pursuant to RIGL 42-46-5 (a) (5) to discuss real estate. The Town Solicitor noted that this is reference to a piece of property that the Town had been attempting to acquire through the State of Rhode Island.

PUBLIC HEARINGS

1) Proposed Zoning Ordinance Amendment related to protection of critical lands containing freshwater wetlands, high groundwater table and/or shallow impervious layer (continued from 01/27/2003)

      1. Memorandum from Town Planner
        Council President Settipane opened the hearing at 7:14 PM. Following a review of the proposed ordinance, Council President Settipane requested comments from the audience.

Charlotte Zarlengo, Seaside Drive, commented that the proposed ordinance is becoming watered down.

Christopher Powell, Conservation Commission Chair requested the following: Section 3088, insert the Conservation Commission in the review process – this would allow for a qualified individual to ensure that the eight development standards are met and that the Town and residents would be represented.

John Murphy, Narragansett Avenue stated that the Zoning Board of Review is a quasi-judicial body who is to decide on issues of fact in accordance with principals laid down in the Zoning Ordinance and State law with the guidance of the Town Solicitor, when needed. Mr. Murphy cautioned the Council in adding any more procedure to this process. Mr. Murphy suggested that when there a dimensional variance being requested, there could be two levels of screening; first, a request for less than 25% could be administratively handled; second, a request for more than 25% need not necessarily but could require a development plan review.

Richard Allphin, Clarke Street, asked for clarification on the procedure for applicants requesting less than 25% relief. President Settipane noted that the Town Planner would look at items 1 – 8 and forward her recommendation directly to the Zoning Board of Review for their consideration. President Settipane stressed that anything greater than 25% would require full Planning Commission review.

Cumulative impact – there was a lengthy discussion on the cumulative impact as presented in Section 308 #8.

The following individuals expressed concern regarding the negative impact on surrounding areas.

Dennis Webster, Mt. Hope Avenue, commented that Section 308 deals with septic systems being built within 150’ of a wetland. The cumulative impact is already set at 150’.

Council President Settipane point out that the 150’ is a proposed development setback for the ISDS of that particular lot to the wetland.

Christopher Powell noted that as additional houses with variances are built, the cumulative impact would increase. The applicant should have to address whether there is a cumulative impact considering the adjacent property uses.

The Town Solicitor noted that no matter what, it would not prevent a person from more than 500’ from being aggrieved, if in fact they can prove there has been a negative impact on their property.

Gary Girard, East Shore Road suggested using 500’ for guidance; however, a person is 1000’ and be an aggrieved party.

Sav Rebecchi, Sail Street, referred to Section 314 C. (5) and suggested increasing the total impervious surface coverage to indicate not to exceed 25%.

Christopher Powell pointed out that Coastal Resources Management Council (CRMC) has jurisdiction over some of the wetlands.

The Town Administrator recommended adding RICRMC to Section 103.

Richard Pastore reviewed Section 314 C, relating to groundwater infiltration. Mr. Pastore presented technical data on the computation of runoff from a 10-year storm.

Valerie Molloy, Columbia Avenue, suggested that each lot should be considered on a case by case basis.

Richard Haas (no address given) inquired if a cistern were used or another method to remove groundwater, why would it be necessary to go for a variance?

Richard Pastore, although a cistern or another method might be beneficial, there is still the chance that the cistern will fill and that water must go somewhere.

Council President Settipane ended audience comments and requested comment from Council members.

The Council discussed Stormwater Management at great length. It was felt that although this would be left in the ordinance, it should be addressed in a more significant manner in the future.

The Town Solicitor advised that the changes, as recommended, did not constitute a substantive change from the original proposed ordinance and therefore, the Council could proceed with their consideration.

Council President Settipane requested that the Council review each of sections as amended.

It was moved by Council President Settipane, seconded by Councilor Long to amend the proposed Jamestown Zoning Ordinance related to the protection of critical lands containing freshwater wetlands, high ground water table and/or shallow impervious layers as follows:

SECTION

RECOMMENDED CHANGE

COUNCIL VOTE

103

Definitions Wetland, Freshwater

Those lands defined…… by the Rhode Island Department of Environmental Management…… and or Rhode Island Coastal Resources Management Council and subsequent amendments…..

It was moved Councilor Swain, seconded by Councilor Long to accept the amendment. So unanimously voted.

308 B.

Application may be made to the Zoning…. Plan outlined in Section 314.C. However, where the applicant is requesting 25% or less relief the Town Planner shall administratively process the application for recommendation to the Zoning Board of review. The Planning Commission and/or Town Planner and the Zoning….

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendments to Section 308. So unanimously voted.

308 B. 8.

….the cumulative impact of all land within a five hundred foot radius must be addressed. Where vernal pools are found….

314

This District encompasses…. These conditions create severe limitations for development… Lots 40,000 square feet or greater are exempt from this section

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 B.

On Site Wastewater Management Specialist in coordination with the

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 B.

In subdivisions other than an administrative subdivision, the Town may engage professional assistance and advise with the applicant responsible for such cost. Applicants….

314 B. 1.

The lowest habitable area of a dwelling shall have a twelve (12) inch separation between the bottom elevation of the structure and the seasonal high groundwater table.

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 B. 3

Where the separation between…. Of the effluent shall be required through ultra violet treatment of the effluent prior to discharge to the leach field. The treatment result in a final….

It was moved by Council President Settipane, seconded by Long to accept the amendment. So unanimously voted.

314 B. 4.

All ISDS serving new dwellings shall be located on the same lot as the structure it serves.

It was moved by Councilor Littman, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 B. 5.

Shall not exceed 15%

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 B. 6.

Elevated structures with roofs…. That are less than 120 square….

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

314 B. 7.

Proposals shall provide…. 10 year 24 hour storm will be contained….

(also, following the table, add language that was moved from 314 C. c) There shall be a ten (10) foot separation between a leachfield and the edge of any stormwater infiltration system. (and move 314 B. 6. to here)

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 C. 1. (second bullet)

Vicinity plan showing adjacent or nearby properties, uses, ISDS’s, wells, wetlands, streams or surface water reservoirs within a 500’ radius

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 C. 2.

….be required to obtain a use variance pursuant to Article 6….

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

314 C. 2. b.

Vicinity plan showing adjacent or nearby properties, uses, ISDS’s, wells, wetlands, streams or surface water reservoirs within a 500’ radius

It was moved by Council President Settipane, seconded by Councilor Long to accept the amendment. So unanimously voted.

MAP CHANGE

Remove from Plat 16, Lots 335, 345, 349-352, 355-358 from the overlay district

It was moved by Councilor Littman, seconded by Councilor Settipane to accept the amendment to the map. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to close the public hearing at 9:20 PM. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Long to adopt as amended the Proposed Jamestown Zoning Ordinance Amendments related to the protection of critical lands containing freshwater wetlands, high ground water table and/or shallow impervious layer. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Swain to adopt Section 308 as amended. So unanimously voted.

It was moved by Council President Settipane, seconded by Councilor Swain to adopt the definitions from Section 103 as amended. So unanimously voted.

Council President Settipane called for a two minute recess.

OPEN FORUM

    1. Scheduled request to address
    2. None

    3. Non-scheduled request to address

Council President Settipane requested information regarding the charge and make-up of the Fort Wetherill Committee

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (attached)
    2. Requests for Proposals re: Highway Facility

      It was requested by Councilor Swain to include information on the bids relating to the Highway Facility on the Water and Sewer meeting on February 18, 2003.

      Update of Charts

      Councilor Swain requested that the Town Administrator update charts for the Noise Ordinance and the Watercraft Ordinance.

      Recreation Department

      The Town Administrator reported that the installation of the wire mesh for the skateboard park is expected to be installed after the February school vacation. When that is installed, we should receive endorsement from the insurance company.

      Jamestown Bridge Water Line

      The Town Administrator reported that she would again request that the North Kingstown water line be installed on the new bridge prior to the removal of the old Jamestown Bridge. Council President Settipane requested that the Town Administrator send a letter to the Governor and RIDOT expressing the Town’s desire to relocate the water line to the new Jamestown Bridge.

      It was the consensus of the Council that RIDOT be contacted and informed that we are requesting that they hold a hearing in Jamestown regarding the demolition of the old Jamestown Bridge.

      Police Department

      President Settipane announced that Stephen Archambault is resigning as a patrol officer to pursue a career in law.

    3. Affordable Housing Committee

a) Request for member termination

      1. Request to advertise for vacancy (term ending 5/31/2004)

It was moved by Councilor Swain, seconded by Councilor Long to declare the seat on Affordable Housing vacant and order advertised. So unanimously voted.

3) Planning Commission

a) Memorandum re: Commission elections

It was moved by Council President Settipane, seconded by Councilor Swain to accept the memorandum from the Planning Commission. So unanimously voted.

4) Board of Canvassers

      1. Letter from Dolores Christman re: reappointment
      2. It was moved by Council President Settipane, seconded by Councilor Long to accept the letter from Dolores Christman. So unanimously voted.

        5) Ambulance Compensation Committee

        a) Three (3) vacancies exist from the Volunteer Ambulance Association membership, if favorable reappoint:

        i) Betty Kinder; interviewed 10/21/2002, term ending 04/30/2004

        ii) Thomas Greig; interviewed 10/28/2002, term ending 04/30/2005

        1. Sandra Paterson; unavailable for interview, term ending 04/30/2004

b) Letter or interest

i) Joseph Sanmartano, Jr.; interviewed 11/25/2003
The Town Clerk presented a memorandum detailing the membership of the Ambulance Compensation Committee.

It was moved by Councilor Littman, seconded by Councilor Swain to reappoint Thomas Greig to the Ambulance Compensation Committee for a term ending 2005 and to appoint Joseph Samartano, Jr. for a term ending 2004. So unanimously voted.

It was moved by Councilor Littman, seconded by Councilor Swain to reappoint Betty Kinder as the public at large member for a term ending 2004. So unanimously voted.

    1. Harbor Management Commission
      1. Attendance record for 2002
      2. It was moved by Council President Settipane, seconded by Councilor Long to accept the attendance record from the Harbor Management Commission. So unanimously voted.

        Zoning Board of Review

      3. Letter from the Chair re: water tower site

Richard Allphin addressed the letter sent to the Council regarding the Zoning Board of Review’s request to use some of the revenue generated by leasing the water tower towards the landscaping of the site.

It was the consensus of the Council to refer this request to the Town Administrator.

It was moved by Councilor Swain, seconded by Councilor Long to accept the letter from the Zoning Board of Review. So unanimously voted.

8) Town Buildings and Facilities Committee

a) One (1) term unspecified; duly advertised and interviews completed, if favorable appoint:

i) H.F. "Rick" Kurz; interviewed 01/14/2003

ii) William Marsh; interviewed 01/27/2003

iii) G.M. Bruce Livingston; interviewed 01/27/2003

iv) Mary Webster; interviewed 07/23/2001

It was moved by Councilor Littman, seconded by Councilor Long to appoint William Marsh to the Town Buildings and Facilities Committee. So unanimously voted.

UNFINISHED BUSINESS continued from 01/27/2003

    1. Landfill site remediation

The Town Administrator reported that she is in contact with Ed Sommerly from GZA GeoEnvironmental and RIDEM. The Town Administrator will continue to update the Council as the plan is developed for the landfill site remediation.

Council President Settipane requested that the Town Administrator continue to keep this on the agenda and provide the Council with communication from GZA GeoEnvironmental.

    1. Jamestown Housing Authority - Request to waive PILOT funds for 2001, 2002 and 2003

The Town Solicitor informed the Council that they could, if they so chose, waive the 2003 PILOT funds; however, he would continue to look into the possibility of waiving funds for 2001 and 2002.

3) Conanicut Marine Services re: lease agreement/services

The Town Solicitor recommended discussing the Conanicut Marine Services lease agreement in executive session at the next Council meeting.

It was the consensus of the Council to continue Conanicut Marine Services re: lease agreement/services to the next Town Council meeting on February 24, 2003 under executive session.

    1. Engineering Report from ENCAD re: Application #0215-0378 54 Ferry St. (cont. from 01/13/2003)

The Town Administrator reported that as the Council requested at a previous meeting, ENCAD was retained by the Town to review ISDS application number 0215-0378, Plat 5 Lot 58, Ferry Street and to provide the Town with recommendations.

The Town Administrator noted that Arthur R. Cripps, Jr., Engineer at ENCAD recommends managing the storm water runoff and gives specifics on how this could best be handled. Additionally, it was suggested that the Town request an extension from RIDEM to February 14, 2003. The Town Administrator reported that she did send a letter requesting that extension. In his letter, Mr. Cripps also indicated that it has been his experience that RIDEM will require that these issues, as raised by abutters, be addressed and would require them to submit a revised design.

It was the consensus of the Council that the Town Administrator request supplemental communication to enclose the report and continue to monitor the situation.

COMMUNICATIONS

1) Letter to the Council from Margaret Grenier, Jamestown Welfare Director re: summary of Welfare Department activities for 2002

2) Letter to the Town Council from Fred Clarke, Jr. re: Budget

    1. Letter to the Town Council re: Select Commission Forum meeting

It was moved by Councilor Long, seconded by Councilor Swain to accept the communications from Margaret Grenier, Fred Clarke, Jr. and the Select Commission. So unanimously voted.

NEW BUSINESS

1) Automobile Claims:

    1. Christopher Kent
    2. It was moved by Council President Settipane, seconded by Councilor Swain to accept the claim from Christopher Kent. So unanimously voted.

    3. David Montoya
    4. It was moved by Council President Settipane, seconded by Councilor Swain to accept the claim from David Montoya. So unanimously voted.

    5. Chester Greene, Jr.
    6. It was moved by Council President Settipane, seconded by Councilor Swain to accept the claim from Chester Greene, Jr.. So unanimously voted.

    7. Wendy Harvey

It was moved by Council President Settipane, seconded by Councilor Swain to accept the claim from Wendy Harvey. So unanimously voted.

It was the consensus of the Council that the Town Administrator follow up with the Public Works Director regarding the road conditions.

It was moved by Council President Settipane, seconded by Councilor Littman to deny the claims and refer them to the Town Solicitor and the Town Administrator for administration.

2) Letter to the Council President from the State Department of Municipal Affairs re: proposed property tax rate change

It was moved by Council President Settipane, seconded by Councilor Swain to accept the communication from the Department of Municipal Affairs. So unanimously voted.

3) Request from the Samaritans for a $500.00 municipal grant to provide direct services

The Council discussed the services provided to the citizens of Jamestown through The Samaritans. Additionally, it was noted that there has been $400.00 budgeted for a donation to The Samaritans.

It was moved by Councilor Littman, seconded by Council President Settipane to approve the additional $100.00 to be included with the already budgeted $400.00, for a total donation from the Town of Jamestown’s 2003/2004 budget in the amount of $500.00. So unanimously voted.

    1. On-site Wastewater Management budget for approval

The Town Administrator presented the On-Site Waste Water Management budget for Council approval. The Town Administrator reported that there will be a $20.00 fee assessed to each ISDS homeowner. Presently there are 1,725 ISDS users for a total revenue to be collected in the amount of $34,500.00. The budget as presented is for a total operating expense of $34,500.00.

Councilor Littman inquired if it would be necessary to hire an additional employee to work on this program. The Town Administrator stated that she does not expect to hire anyone at the present time; however, it may be necessary once the program is up and running.

It was moved by Councilor Long, seconded by Council President Settipane to approve the On-Site Waste Water Management budget for 2003/2004 in the amount of $34,500.00. So unanimously voted.

OPEN FORUM CONTINUED (if necessary)

Representative Long informed the Council that he would be contacting RIDOT to request that a hearing be held in Jamestown regarding the removal of the old Jamestown Bridge.

EXECUTIVE SESSION

1) Pursuant to RIGL 42-46-5(a)(5) real estate (per Town Administrator)

It was moved by Council President Settipane, seconded by Councilor Swain to enter into executive session at 10:30 PM, pursuant to RIGL 42-46-5 (a) (5) real estate. So unanimously voted.

The Council returned from executive session at 10:50 PM. It was moved by Council President Long, seconded by Councilor Swain to seal the minutes of the executive session. It was voted Council President Settipane, aye; Councilor Littman, aye; Councilor Swain, aye; Councilor Long, aye. The motion passed.

The Town Clerk discussed the procedure for entering into executive session. The vote, although unanimous, should be a verbal roll call. The Council was individually polled regarding their request to enter into executive session. It was voted Council President Settipane, aye; Councilor Littman, aye; Councilor Swain, aye; Councilor Long, aye.

There being no further business before the Council, it was moved by Councilor Long, seconded by Councilor Swain to adjourn the meeting at 10:55 PM. So unanimously voted.

Attest:

Arlene D. Kalooski

Town Clerk