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

TOWN COUNCIL MEETING

April 28, 2003

A regular meeting of the Jamestown Town Council was called to order at the Jamestown Philomenian Library, 26 North Road, at 7:35 PM by Council President Guy J. Settipane. The following members were present:

David A. Swain, Vice President

Kenneth G. Littman

David J. Long

Norma B. Willis

Also present were:

Maryanne Crawford, CPA, Town Administrator

Kimberly A. Turcone, Deputy Town Clerk

Douglas DeSimone, Town Solicitor

Bruce A. Leach, Town Solicitor

Fred Pease, Town Sergeant

State Representative Bruce Long

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1) Proclamation 03-014P: Teacher Appreciation Week

A motion was made by Councilor Swain and seconded by Councilor Long to proclaim May 5th – 11th as Teacher Appreciation Week in Jamestown. So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

A motion was made by Councilor Long and seconded by Councilor Willis to accept the consent agenda excluding items #1 and 2(a). So unanimously voted.

1)

2) Copies of Minutes of Boards & Committee Meetings:

a)

b) Jamestown Substance Abuse Prevention Task Force (04/10/2003)

c) Harbor Management Commission (03/19/2003)

d) Affordable Housing Committee (03/10/2003)

e) Conservation Commission (03/11/2003)

f) Zoning Board of Review (03/25/2003)

g) Library Board of Trustees (03/18/2003)

h) Water Study Committee (04/16/2003)

3) CRMC Notices:

a) Notices:

i) Notice of Violation:

    1. Certificate of Maintenance
      • William Munger, 1 Ferry Wharf re: remove and replace roof shingles and relocate exterior door at property located at Plat 9, Lot 791E; said location
      • Joseph Oliveira, 336 Main St., Wakefield re: replace wooden deteriorated pilings located at Plat 1 Lot 224 ; East Shore Rd.
    2. Assents:

5) RI Select Commission on Race & Police-Community Relations Notice re: April 29th meeting

  1. Zoning Board of Review Notice re: abutter notification

a) Nancy Kolman Ventrone, 77 Reservoir Circle and further identified as plat 4 lot 6 for a variance from Article 3, Section 311 (Maximum Size of Accessory Structure) to construct a garage wherein the total frontage would result in 740 sq. ft., 600 being allowed by law. Said property is located in a R80 zone and contains 18,200 sq. ft.

b) Robert Cohen & Gretchen A. Conn, whose property is located at 61 Bay View Dr., and further identified at plat 8 lot 834 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct an accessory building which will be 0’ from the rear lot line where 10’ is required. Said property is located in a R20 zone and contains 31,060 sq. ft.

c) James Simmons, whose property is located at 17 Maple Ave., and further identified as plat 9 lot 16 for a variance from Article 3, Section 302, Section3-2 (District Dimensional Regulations) to build a front porch 20 feet from front boundary instead of the required 30 ft. Said property is located in a R20 zone and contains 22,600 sq. ft.

7) Resolutions from other Cities & Towns

a) City of Newport re: Amendment of RIGL Chapter 44-18 Sales and Use Taxes – Liability and Computation

b) Town of South Kingstown re: support of House Bill H5081 and Senate Bill S180 Separation of Powers

c) Town of North Kingstown re: support of House Bill H5081 and Senate Bill S180 Separation of Powers

    1. Town of Smithfield regarding:

    8) Navy Station Newport Restoration Advisory Board Meeting 03/19/2003

    9) Abatements/Addenda Report of Tax Assessor

        1. Bills and Payroll - Councilor Littman had questions regarding bills concerning the Tax Assessor and the revaluation currently taking place.

    2) a) Tree Preservation and Protection Committee (09/10/2002, 12/2002,

    01/21/2003, 02/18/2003, 03/18/2003) - Councilor Willis stated that the Arbor Day celebration was wonderful but commented on the tardiness of the minutes to conform with the Open Meeting Laws.

    A motion was made by Councilor Willis and seconded by Councilor Long to approve items #1 and 2(a). 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 concerning real estate following the meeting.

    PUBLIC HEARINGS

    Proposed Ordinance: An ordinance adopting and enacting a new Code for the Town of Jamestown, Rhode Island; providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective.

    Town Solicitor, Bruce Leach gave a brief overview of the history of past attempts in trying to bring the Town’s Code of Ordinance up to par. He explained that with the great efforts of the Town Clerk, Arlene Kalooski, everything from Water & Sewer Regulations to the Zoning Ordinance will now be found in one place and in one book. Town Solicitor, Douglas DeSimone stated that Bruce and Arlene spent many long and hard hours on bringing the Code into the form that is before the Council.

    Dennis Webster voiced his concern regarding Section 8-7 and 8-8, relating to parking, that was unintentionally left out by the Planning Commission when the Zoning Ordinance was revised in 1995.

    The Town Solicitor stated that the sections that were left out have been brought before the Planning Commission and Town Council but have not yet gone before a public hearing.

    A motion was made by Councilor Long and seconded by Councilor Littman to close the public hearing. So unanimously voted.

    A motion was made by Councilor Littman and seconded by Councilor Long to adopt the Code of Ordinance for the Town of Jamestown. So unanimously voted.

    NEW BUSINESS

    4) Letter from Attorney Gloria Dahl re: 1075 East Shore Road

    Council President Settipane requested that the Council take Attorney Dahl’s matter next and the Council accepted.

    Attorney Dahl requested that the Council take no action on this matter due to case studies that she has found concerning paper roads.

    The Town Solicitor recommended that the Town produce a map of actual accepted Town roads.

    OPEN FORUM

    1. Scheduled request to address

    2) Non-scheduled request to address

    Julio DiGiando questioned whether the Town has taken any measures regarding the recent SARS (Severe Acute Respiratory Syndrome) scare.

    Bob Dolan questioned if the Town is planning a special celebration for the 325th anniversary. The Town Administrator stated that she and Town Clerk have discussed the issue.

    James Archibald stated that the Harbor Management Commission discussed the wood pile pier at their last Facilities sub committee meeting. The sub committee is waiting for a report from the Town Solicitor.

    Patrick Bolger questioned why the OSCAR Litter Corp was eliminated from the Recreation budget. Council President Settipane stated that funding was not eliminated and the program will continue this summer.

    Representative Bruce Long updated the Council on the Quonset/Davisville Port and Governor Carcieri’s efforts to complete route 403.

    REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

    1. Town Administrator’s report (attached)

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

    Town Administrator's Report

    April 28, 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.

    The Town has received a bill for the cost of recovery, repairs, and replacement of equipment for the fire rescue boat. The cost to date is $29,000.00. I anticipate all cost with the exception of a $2500.00 deductible will be covered by insurance.

    Matt Bolles has advertised for bids to repave three of the tennis courts, his report summarizes the bids and his recommendation to award the bid to Narragansett Improvement Co. I am requesting the Council award the bid for repaving the tennis courts to Narragansett Improvement Co., in an amount not to exceed $43,800.00

    As I informed you at the last Council meeting, Finance Director Tina Collins has advertised for an auditing firm to complete the annual audit of the Town and School financial statements. As required by RI General Laws, Ernest Almonte, Auditor General for the State of Rhode Island must approve our recommendation to award the annual audit to the firm of Parmelee & Poirier for a period of three years. We have since received a letter from Mr. Almonte approving our recommendation; therefore I am requesting the annual audit of the Town's financial statements be awarded to Parmelle & Poirier.

    It costs approximately $1.87 to treat and pump 1000 gallons of water; total cost to operate the municipal water system is approximately $7.54 per 1000 gallons.

    I have attached the following information:

    • Worksheet detailing the labor/equipment cost to date for the Beavertail pipeline

    • Location of the storage area at the former landfill

    Council consideration:

    • Award the bid for the annual audit for the next three years to Parmelee & Poirier

    • Award the bid for repaving the tennis courts to Narragansett Improvement Co. in an amount not to exceed $43,800.00

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    The Town Administrator reviewed her report with the Council.

    Councilor Willis requested clarification on the rate structure the Town charges for use of its equipment. The Town Administrator and Council President Settipane both agreed that a rate schedule should be drafted with a formal adoption procedure for the usage of Town owned equipment.

    Donna O’Neill voiced her concerns regarding the GZA report. The Town Administrator assured Ms. O’Neill that trees would not be cut down. Council President Settipane requested that the Council revisit this issue at the next meeting.

    A motion was made by Councilor Littman and seconded by Councilor Swain to award the bid for repaving the tennis courts to Narragansett Improvement Co. in an amount not to exceed $43,800.00. So unanimously voted.

    A motion was made by Councilor Littman and seconded by Councilor Willis to award the bid for the annual audit for the next three years to Parmelee & Poirier. So unanimously voted.

    2) Boards, Commissions & Committee/Charter changes (per Councilor Willis)

    Councilor Willis requested that the Council set a date to bring all boards, commissions and committees into compliance due to the recent Charter changes.

    The Town Solicitor stated that all Boards, Commissions and Committees are in compliance except the Harbor Management Commission and Board of Canvassers.

    Jim Archibald of the Harbor Management Commission requested that the Council wait to set a date due to the revisions being made to the Harbor Management Ordinance and Harbor Management Comprehensive Plan. Councilor Long agreed stating that the Harbor Management Commission should not be pressured to complete two very important documents under the constants of a time frame.

    A motion was made by Councilor Littman and seconded by Councilor Willis to bring all Boards, Commissions and Committees into compliance with the Jamestown Charter amendments by September 1, 2003. So unanimously voted.

    3) Personnel Board

    a) Letter from Nancy Kolman Ventrone, Chair re: quorum

      1. Memorandum from the Town Clerk re: Appointments

    c) Two (2) terms ending 12/31/2006; Charter change with the addition of two new members (3 year terms), duly advertised and interviews complete; if favorable appoint:

    Councilor Littman expressed his concern for appointing committee members at the last meeting of the Town Council.

    The Deputy Town Clerk stated that eleven applicants have been interviewed by the Town Council. If the Council wishes to continue appointments for the next Council, all applicants will have to be re-interviewed, delaying the process to possibly July. It has been past practice to make appointments after all interviews are complete. There are five Boards, Commissions and Committees waiting for appointments, one of which cannot meet due to a quorum issue.

    Councilor Long stated that it has been the past practice of the Council and does not see appointing committee members an issue. Councilor Swain reiterated stating that it is a normal course of action.

    A motion was made by Councilor Littman and seconded by Councilor Settipane to appoint Jeffrey Hunter to the Personnel Board, term ending December 31, 2006. So unanimously voted.

    A motion was made by Councilor Willis and seconded by Councilor Swain to appoint Jill Anderson to the Personnel Board, term ending December 31, 2006. Motion passed 3-2; Councilors Long and Littman opposed.

    4) Board of Canvassers

    a) One (1) vacancy exists, term ending 3/31/2009, if favorable appoint:

    The Town Solicitor reported that he has not made a decision regarding this matter.

    5) Conservation Commission

    a) One (1) vacancy exists, term ending 12/31/2003, duly advertised and interviews complete; if favorable appoint:

    A motion was made by Councilor Swain and seconded by Councilor Long to appoint Steve Ryba to the Conservation Commission, term ending December 31, 2003. So unanimously voted.

    6) Tree Preservation and Protection Committee

    a) One (1) vacancy exists ending 12/31/2005 (3 year term), duly advertised and interviews complete; if favorable appoint:

    A motion was made by Councilor Swain and seconded by Councilor Long to appoint Emmet Turley to the Tree Preservation and Protection Committee, term ending December 31, 2005. So unanimously voted.

    7) Harbor Management Commission

    a) Meeting notice for May 1st Town Council/Harbor Management Commission work session

    Accepted

    8) Water Study Committee

    a) Recommendation of Committee re: water conservation 2003

    b) Report from Committee

    The Council congratulated the Committee and Steve Goslee for their effort and amount of work they put into the report.

    WATER CONSERVATION MEASURES FOR SUMMER 2003:

    Whenever the public interest so requires, the Commission reserves the right to curtail or suspend entirely the use of water for essential and non-essential purposes. Such limitation of the use shall be without liability on the part of the Commission.

    A motion was made by Councilor Swain and seconded by Councilor Long to adopt the policy of the Water Conversation Measures for Summer 2003 as drafted in the Water Study Committee memorandum dated April 24, 2003. So unanimously voted.

    UNFINISHED BUSINESS

    1) Proposed Draft Ordinance Relating to Alcoholic Beverage Licenses

      1. Review of section regarding Penalties & Show Cause

    The Town Solicitor reported that the Town has the authority to enact a penalty on a case by case basis. There is no need to establish a list of defined penalties. Penalties can range from a $500 fine to revocation of the license. Some communities have penalties and some do not.

    The Council agreed to continue this matter until June.

    2) Assessment of Town Government forwarded to the Town Council by the Town Administrator on June 10, 2002 (per Councilor Littman)

    The Council congratulated the Town Administrator for her time and effort put into the document and stated it would be a useful tool for the next Council.

    Councilor Willis recommended that Council hold a workshop for review of the Assessment and that goals be set for the town. Council President Settipane also recommended that the Town Administrator increase coordination with the School and Town especially during the budget. He also advised that the Town Administrator should continue with her yearly evaluations of her staff.

    3) Resolutions from other Cities & Towns

    a) Town of North Kingstown - Resolution in opposition of gambling in Rhode Island

    A motion was made by Councilor Long and seconded by Councilor Willis to accept the resolution for the Town of North Kingstown. So unanimously voted.

    4) Board of Water and Sewer Commission

      1. Press Release of Sewer Bond – draft
      2. Councilor Littman requested that the ad make clear that this is a supplement to complete the project.

        It was the consensus of the Council to approve the ad with Councilor Littman’s suggestion.

        b) Membrane Filtration Pilot Plant bid Request for Proposal award contract

        to:

        a) Chris Yannoni ; Fay, Spofford & Thorndike, Inc.

        b) James Geremia; James Geremia & Associates, Inc.

        A motion was made by Councilor Swain and seconded by Councilor Long to award the Membrane Filtration Pilot Plant bid to Fay, Spofford & Thorndike, Inc.. So unanimously voted.

        COMMUNICATIONS

        1) Copy of letter to the Town Solicitor from Joe Mistowski, Jamestown Golf Course re: Lease

        A motion was made by Councilor Swain and seconded by Councilor Long to accept the communication from Joe Mistowski. So unanimously voted.

        NEW BUSINESS (cont.)

        1) Ft. Getty Pavilion Applications:

        a) Request to waive $150.00 Pavilion fee for a cook-out for the elderly sponsored by the Women’s Resource Center on July 26th

        A motion was made by Councilor Long and seconded by Councilor Swain to waive the $150 Ft. Getty pavilion fee for a cook-out for the elderly on July 26th. So unanimously voted.

      3. Entertainment License application for Alexis Mothon to have a band on June 28th for a wedding

    A motion was made by Councilor Swain and seconded by Councilor Long to grant the request for an entertainment license for June 28th at the Ft. Getty pavilion for Alexis Mothon. So unanimously voted.

    2) Event Application for Rocket Dawgz to have fireworks on July 1st at the East Ferry Town Beach

    A motion was made by Councilor Willis and seconded by Councilor Swain to grant permission to the Rocket Dawgz for a fireworks event on July 1st at the East Ferry Beach. So unanimously voted.

    3) Peddler License Application for the Quononoquott Garden Club to sell plants on May 17th at East Ferry

    A motion was made by Councilor Littman and seconded by Councilor Willis to grant a peddlers license to the Quononoquott Garden Club to sell plant on May 17th at East Ferry. So unanimously voted.

    4) Letter from Attorney Gloria Dahl re: 1075 East Shore Road: previously discussed

    OTHER COMMUNICATIONS

    OPEN FORUM CONTINUED (if necessary)

    William Munger and Sav Rebecchi congratulated the Council and wished them well.

    The Council took a break at 9:30 PM before moving onto Executive Session and welcomed participants to join them with refreshments and cookies.

    EXECUTIVE SESSION

    1) RIGL 42-46-5(a) (5) Real Estate (per Town Administrator)

    A motion was made by Councilor President Settipane and seconded by Councilor Willis to adjourn into executive session at 9:50 pm. Councilor Willis – Aye, Councilor Settipane – Aye, Councilor Swain – Aye, Councilor Littman - Aye

    A motion was made by Council President Settipane and seconded by Councilor Littman to seal the minutes of executive session. Councilor Willis – Aye, Councilor Settipane – Aye, Councilor Swain – Aye, Councilor Littman - Aye

    A motion was made by Councilor Long and seconded by Councilor Swain to end executive session and return to Council business. So unanimously voted.

    A motion was made by Councilor President Settipane and seconded by Councilor Littman to authorize the Town Administrator to proceed in the direction as directed by the Council. So unanimously voted.

    The Council thanked the Town Administrator, Town Clerk's Office, and Town Solicitor for all there work over the past two years.

    A motion was made by Councilor Willis seconded by Councilor Swain to adjourn the meeting at 10:21 PM. So unanimously voted.

    Attest:

    Kimberly A. Turcone