TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
January 24, 2000
(as amended on February 14, 2000)

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 David J. Long. The following members were present:
Kenneth G. Littman, Vice President
Craig A. Amerigian
Bruce W. McIntyre
David Swain
Also present were:
Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
A. Lauriston Parks, Esq., Town Solicitor
James T. Murphy, Esq., Town Solicitor
Steven J. Goslee, Public Works Director
Richard Allphin, Zoning Vice Chair
Lisa Bryer, Town Planner
Betty Hubbard, Planning Commission Chair
Arthur J. Christman, Fire Chief
A. Lauriston Parks, Town Solicitor left following the public hearing at
8:38 PM

CONSENT AGENDA

It was requested that items # 1b and 1c be removed.  Motion by Councilor
Amerigian, seconded by Councilor Long to approve the consent agenda as
amended. So unanimously voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 
  a) December 13, 1999 (regular minutes)
2)   Bills and Payroll    
3)   Copies of minutes of board and committee meetings:
  a) Jamestown Housing Authority (December 8, 1999)
  b) Harbor Management Commission (December 16, 1999)
4)   Resolutions from other municipalities
  a) Town of Portsmouth re: Resolution in opposition to a gambling casino
in West Warwick
*********************************
1)   Adoption of Council minutes: 
  b) December 29, 1999 (regular minutes)
Councilor Amerigian requested that the minutes from the December 29, 1999
meeting be amended as follows:  on page 6, James T. Archibald is
requesting appointment as the representative for commercial mooring
operators.
      It was moved by Councilor Amerigian, seconded by Councilor McIntyre
to accept item 1b as amended.  So unanimously voted.
  c) January 10, 2000 (regular minutes)
Councilor Littman requested that the minutes from the January 10, 2000
meeting be amended as follows:  on page 5, item c)  change the second
paragraph, first sentence to read The Town Solicitor informed the Council
that some of the property obtained by the Town through tax sales should be
subject to a petition to clear title by way of a petition to foreclose the
equity of redemption in Superior Court; however the Town need not make
these properties available for sale.
      It was moved by Councilor Littman, seconded by Councilor Swain to
accept item 1c as amended.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Contract negotiations, pursuant to RIGL 42-46-5(a)(2) (collective
bargaining)
It was moved by Councilor Long, seconded by Councilor Amerigian to enter
into executive session pursuant to RIGL 42-46-5(a)(2) (collective
bargaining).
      It was voted by Council President Long, aye; Council Vice President
Littman, aye; Councilor Amerigian, aye; Councilor McIntyre, aye and
Councilor Swain aye.   The motion to enter into executive session passed.

PUBLIC HEARING   

1)   Proposed amendment of Section V. Transportation & Utilities in Table
3-1      Permitted Uses (duly advertised in the Jamestown Press, January
6, January 13 and   January 24)
The hearing was opened on a proposed amendment of Section V.
Transportation & Utilities in Table 3-1, Permitted Uses to delete the use
"Seasonal Off-Site Marina Parking" by a motion presented by Council
President Long, seconded by Councilor Amerigian  So unanimously voted. 
Nick Robertson, 109 Carr Lane stated that he has served on past parking
committees and  these same issues were addressed then.
      Mr. Robertson stated that you cannot put modern day parking on a lot
that was designed in the 1700s.
      Off-site parking has always been recommended by parking committees
and the Comprehensive Plan.
       Additionally, Mr. Robertson mentioned the success of the off-site
parking used at the Millennium Celebration.
      The decision should be made by the Council to allow Conanicut Marina
to use their property the way they see fit.
      In the past the Town has endorsed off-site parking and should do so
now.
Jim Estes 100 Clinton Avenue  expressed his feelings that this amendment
is not against parking, the marina or development, this amendment is
trying to bring the control or purview of these actions back to the Town.
      The way it stands now, marine businesses are the only businesses in
Town that can expand indefinitely with no Town review through off-site
parking.
      Other businesses in Town have equally limited area but cannot expand
without parking.
      The Town should have the say as to the extent certain properties are
developed.  Marinas should be put into the same situation as every other
business in Town.  
Richard Allphin, Clark Street, inquired if the Council would also be
voting on the proposed amendment as presented by the Planning Commission
tonight.  
Gordon Cleary, representing Nicholas Schaus noted that under the Zoning
Ordinance and the Town Charter the Council is open to consider the
recommendation made by the Planning Commission regarding its preference
and modification of the proposal that was put before it.
      The Planning Commission is required under the State Enabling Act and
the Zoning Ordinance regardng amendments to report to the Town Council and
make recommendations.
      The recommendation by the Planning Commission should be considered
at this time and if the modification is significant then it should be
advertised as stated in the Jamestown Charter.
The Town Solicitor stated his concern about dealing with the Planning
Commission recommendation was not a charter issue.
      He recommended that the issue of off-site parking be addressed all
at once, rather than dealing with marinas separately.  
Nicholas Schaus, 57 Walcott Avenue requested that the Council consider the
change made to the original proposed amendment.
       Mr. Schaus presented two components of his proposal.  The first
being that it takes away the possibility of expansion of commercial
parking in residential areas and second, that it puts parking for marinas
under Town review, just like any other expansion of commercial areas.
      One of the marinas has vacant residential land next to Taylor Point
and it is believed that CMS has an interest is the acquisition of three
acres of land on Bay View Drive adjacent to Taylor Point.
      This is all residential land.
      It is believed that this change would conform to what the Planning
Commission has recommended and would serve to protect the residents and
keep with Jamestown's Comprehensive Plan.
Arthur Christman, 42 Windsor Street, stated that he believes Mr. Munger is
doing everyone a service by offering this offsite parking and trying to
alleviate some of the parking problems downtown.

After discussion with the Town Solicitor on whether the Council could vote
on the Planning Commission's proposal and the Schaus, Weiker and Beard
proposal at the same time, it was strongly recommended by the Solicitor to
consider each proposal separately.
      Further noting that the Planning Commission is reviewing parking
matters along with the proposed ordinance relating to ferries and ferry
parking as requested by the Council.
      The consensus of the Council was to proceed with the hearing on the
proposal of Schaus, Weiker and Beard, as advertised.
Victor Calabreta, 11 America Way reminded the Council that one of their
first votes as a Council was as an objecting abutter to the development at
the Marina.
      He strongly suggested that the Council inquire if they would be in
conflict of interest by taking specific action that would basically be
detrimental to that issue. 
Arthur Milot, Walnut Street, stated that he is in favor of this amendment.
      He urged the Council to consider asking those people who are
thinking possibly of acquiring land in that area to withhold any move that
might be made until you consider this again in a larger context.
      Mr. Milot was concerned that someone might attempt to take advantage
of an opportunity presented by our waiting on this decision.
      This is a vote for residents, not just at Taylor Point, but
residents anywhere in Jamestown. 
Joe Medeiros, 65 Frigate Street,  informed the Council that he has been a
resident here since 1964.
      He stated that Mr. Munger has done a wonderful job with the marina
and is now attempting to solve some of the parking problems.
      Off-site parking worked well on New Year's Eve for the Millennium
Celebration with Mr. Munger's assistance.  Mr. Medeiros requested that the
Council listen to the majority of the people when making their decision.
Richard Wing, North Road, expressed his concern about the procedure to
amend an ordinance which allows a few residents to put a proposed zoning
change like this before the Council.
      Mr. Wing further stated that the Comprehensive Plan and the Zoning
Ordinance have had a great deal of time and money invested in developing
them and now, because a small handful of people don't like what is going
on they want it changed.    Additionally, Mr. Wing suggested that  the
amendment process for an ordinance should include the review by an
appointed committee followed by the committee's recommendation.
Councilor Long reviewed the process for requesting a change or amendment
to the Zoning Code of Ordinance.
      Councilor Amerigian informed Mr. Wing that it is the Planning
Commission that reviews all proposed amendments and submits
recommendations to the Council for their consideration.  
Andrew Weiker, 197 Narragansett Avenue informed the Council that this
proposed amendment has been researched and discussed with many residents.
      Mr. Weiker addressed several areas of the Comprehensive Survey that
makes Jamestown a desirable place to live.
      The survey clearly states that the overriding goal of the residents
is to maintain the Island's rural character, along with that, 87% of
respondents chose Jamestown's natural environment as contributing to
desirability.
     Mr. Weiker felt that this proposed amendment would bring off-site
parking under the control of the Planning Commission, Zoning Board of
Review and the Town Council and therefore maintaining the rural character
of Jamestown.
      Mr. Weiker requested that the Council vote on the revised proposed
amendment.
Raymond Iannetta, 1219 North Road informed the Council that he has a boat
at the Conanicut Marina and uses the Taylor Point parking provided by Mr.
Munger.
      Mr. Iannetta stated that the parking problem is not caused by
boaters but growth and more people accessing the businesses in town.
      Further stating that we need parking spaces in town and the use of
Taylor Point helps to alleviate the problem.
      Mr. Iannetta requested that the Council consider this when making
their decision.
Darcy Magratten, Clinton Avenue expressed her concern with the future
growth of Jamestown.
      Ms. Magratten noted that this proposed amendment is not to prohibit
off-site parking; but rather to put in place a review process. 
John Murphy representing Conanicut Marine Services urged the Council to be
cautious when considering the overturning of any part of the zoning
ordinance in the heat of the current zoning hearings that are underway.
      Counselor Murphy noted that the Town gives over 200 permits for
moorings and does not require parking for any of those moorings, along
with many other parking demands.
      Marinas are treated differently because our Comprehensive Plan
states that this town does not want big businesses, but it does want to
have a marina business that caters to Jamestowners and others who want to
have access to the bay.
       The Planning Commission and the Council over the years have
recognized that marinas are limited geographically because they are on the
waterfront and they have made provisions for that, seasonal off-site
marina parking.
      When this decision to allow seasonal off-site marina parking was
made it was known that the parking would be located in a residential
neighborhood, R-20.
      Counselor Murphy inquired if that area is truly residential with a
town sewer plant, Bay Voyage time-share, yacht club, golf course and
police station all located in that neighborhood.
      Counselor Murphy urged the Council to accept the Planning
Commission's recommendation in terms of voting down the Schaus proposal
and follow what the Solicitor has suggested and look at everything
together.  
Christopher Powell, 38 Mt.
     Hope Avenue expressed his concern about the possibility, if this
ordinance amendment doesn't pass, that someone could purchase the Hinkamp
property and use it as an off-site parking lot.
      The answer to this impacts how I feel about this off-site parking.
It was moved by Councilor Long, seconded by Council Littman to close the
public hearing at 8:01 PM.  So unanimously voted. 

There was a lengthy discussion on the issue of off-site marina parking and
discussion on when the Council will be receiving recommendations from the
Planning Commission regarding the proposed Zoning Ordinance amendment
relating to ferries and ferry boat parking and other recommendations
relating to parking.
      Also discussed were the efforts being made on updating the
Comprehensive Community Plan and how it relates to addressing the issues
and concerns of parking.
      Upon the request of Councilor Swain, the Town Solicitor confirmed
that the adoption of this proposed Zoning Ordinance amendment relating to
off-site marina parking would prohibit off-site marina parking anywhere in
the Town.
      It was moved by Councilor Long, seconded by Councilor Littman to
reject the proposed Zoning Ordinance amendment relating to off-site marina
parking as presented by Schaus, Weiker and Beard.  So unanimously voted.
Counselor Gordon Cleary, representing Mr. Schaus, questioned the
participation of Councilor Swain in the decision and discussion relating
to any issues touching on Conanicut Marine Services, noting that there was
a specific inquiry to the State Ethics Commission.
      Counselor Cleary suggested that it was his understanding that the
commission ruling prohibited Councilor Swain from any participation in the
decision making process regarding those issues.
      Councilor Swain reported that he asked a specific question of the
Ethics Commission concerning Conanicut Marina and on that specific
question they gave an answer.
      Council President Long requested that Counselor Cleary discuss any
concerns that he may have regarding this issue with the Town Solicitor.  
It was moved by Councilor Amerigian, seconded by Councilor Long to put the
subject of off-site parking on the agenda for the second Council meeting
on February 28, 2000.  So unanimously voted.
 
OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address
Dennis Nixon, Standish Road, expressed his concern over the fence and
expansive landscaping barring the right of way at High Street.
      Mr. Nixon asked if the Town is seeking any damages from the party
that installed that fence and when the fence might be removed.
Christopher Powell, Conservation Commission Chair, requested that the
Water Resource Protection Committee be put on the agenda for the next
Council meeting in February for discussion on the charge and review of the
committee name.  
It was moved by Councilor Long, seconded by Councilor Amerigian to put the
memorandum from the Conservation Commission regarding the Water Resource
Protection Committee on the agenda for the February 14, 2000 Council
meeting and to request the Town Clerk to contact the Water Resource
Protection Committee for their comments.  So unanimously voted.
Nancy Bennett, 434 Beavertail Road, inquired into the article in the
Jamestown Press regarding a desalination plant and another article
regarding the South Pond water and piping and the relationship of those
issues.
      Councilor Amerigian addressed these issues by informing Ms. Bennett
that the Council is studying several areas of possible solutions to the
water problems in Jamestown.  
  
REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
  a) Requested action by Council
2)   Jamestown Planning Commission
  a) memorandum re:   Newport bridge lighting (as requested by           
Council)
After discussion with the Planning Commission Chair, it was moved by
Councilor Long, seconded by Councilor Swain that the Council send a letter
to the Bridge Authority stating that the Jamestown Town Council is not in
favor of the "necklace" lighting on the Newport Bridge.
      So unanimously voted.
  b) memorandum re: request to purchase town property (as requested       
  by Council)
After considering the recommendation by the Planning Commission and the
Conservation Commission, it was moved by Councilor Long, seconded by
Councilor Swain to notify Mr. Greenberg that the Town will not be selling
this property.  So unanimously voted.
  c) memorandum re: tree preservation and protection ordinance
It was moved by Councilor Long, seconded by Councilor Amerigian to
advertise this proposed tree preservation and protection ordinance for
hearing.  So unanimously voted.
3)   Memo from Town Clerk re:  town committee selection
No action taken.
4)   Zoning Board of Review (four (4) vacancies; terms ending:  ((1)
regular       member, 12/31/2005; (3) alternate members 12/31/2000)
  a) requests for reappointment
     i) Guy Settipane, alternate
     ii)   Raymond W. Iannetta, alternate
     iii)  Don E. Wineberg, alternate 
  b) letters of interest
     i) Richard A. Boren
     ii)   Joseph S. Logan
  c) recommendation of Zoning Board of Review
It was moved by Councilor Long, seconded by Councilor Swain to accept the
requests for reappointment and letters of interest for the Zoning Board of
Review.  So unanimously voted. 
It was moved by Councilor Amerigian, seconded by Councilor Littman to
request that the Town Clerk schedule interviews for all residents
submitting letters of interest and residents requesting reappointment.
      So unanimously voted.
Councilor Swain expressed his concern that there are many individuals
waiting for interviews and suggested that the Council expand on the
interview schedule.
      It was moved by Councilor Long, seconded by Councilor Swain to
schedule interviews on January 31, 2000 from 6:30 PM until 7:30 PM.
      So unanimously voted.
It was the consensus of the Council to put the Zoning Board of Review on
the next agenda for appointment of one new member.  
5)   Jamestown Planning Commission (three (3) vacancies; terms ending
12/31/2003)  if favorable, motion to schedule interviews
  a) requests for reappointment 
     i) Michael F. Smith
     ii)   Betty L. Hubbard
  b) letters of interest
     i) Jane S. Sprague
     ii)   Victor V. Calabretta
     iii)  Laura M. Aibel
     iv)   Mary Meagher
     v) Laszlo Siegmund
     vi)   John C. Quinn
  c) letter of resignation re:  Arthur C. Milot
  d) letter of recommendation from Planning Commission
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
letters submitted for the three vacancies on the Planning Commission.
      So unanimously voted.

UNFINISHED BUSINESS

1)   Jamestown Planning Commission (continued pending recommendation)
  a) off-site marina parking
  b) proposed zoning ordinance amendment relating to ferries and ferry
parking 
2)   Memorandum from the Town Planner re:  Transportation Improvement
Program   "TIP" (continued from January 10, 2000)
There was discussion on the Transportation Improvement Program.
      Of particular interest was the possibility of a bicycle path.
      Input and recommendations from both the Planning Commission and the
Conservation Commission were discussed.  It was moved by Councilor Long,
seconded by Councilor Swain to set up a public workshop on February 10,
2000 at 7:00 PM with the Planning Commission, Conservation Commission and
Council to further investigate projects that can be addressed under the
"TIP" program.  So unanimously voted.
3)   Highway Barn Committee re:  letter from Chair re: GZA
GeoEnvironmental     presentation (continued from December 29, 1999 and
January 10, 2000)
A motion to accept the communication from the Highway Barn Committee Chair
was withdrawn, as this communication will be addressed following the GZA
presentation.
Ed Summerly, Geologist for GZA GeoEnvironmental, presented the rationale
used in the location for the installation of a test well on  lot 47 to be
used in the determination of there being a potable water supply for that
lot.  Mr. Summerly informed the Council that one of the considerations for
the selection of the northwest corner of lot 47 was the ground water flow
divide running north west along Summit Street.
      Additionally, the ground water flow pattern on the landfill is
expected to run north northwest, which is away from lot 47.
      With the above information, it was estimated that the potential
radius of influence, based on the maximum flow of 200 gallons per day,
would be approximately eight feet.
      Therefore, that well under maximum use conditions, should not draw
on any contamination that may exist at the landfill.
      Also taken into consideration was the criteria set up by the Rhode
Island Department of Health which requires maintaining a set-back of fifty
feet from the water supply to property line.
Following a lengthy discussion, it was moved by Councilor Long, seconded
by Councilor Amerigian to approve the drilling of a test well on lot 47 as
presented by GZA GeoEnvironmental.  So unanimously voted.
4)   GZA GeoEnvironmental re: draft of the site investigation work plan
for the landfill    site (continued from January 10, 2000)
Mr. Summerly reviewed the site investigation work plan for the landfill
and the monitoring wells that would be installed.  Additionally, Mr.
Summerly noted that with the location of these wells it is expected that
the direction of the groundwater flow will be identified and other
necessary information will be gathered.  
Raymond Iannetta, North Road strongly recommended that because the
direction of groundwater flow is not known an additional testing well be
located near the existing well site referred to as EA-2D.    
Mr. Summerly added that the need for additional wells and their location
would be determined by the results of tests on the landfill site.  
The Council further discussed well locations and the possibility of an
additional site as suggested by Mr. Iannetta.    
It was moved by Councilor Swain, seconded by Councilor McIntyre to drill
one additional well.
      It was voted Council President Long, nay; Councilor Littman, nay;
Councilor Amerigian, nay; Councilor Swain, aye; Councilor McIntyre, aye.
      The motion failed.
It was moved by Councilor Long, seconded by Councilor McIntyre to send the
site plan developed by GZA GeoEnvironmental for the former landfill site
to the State.  So unanimously voted.
5)   RICRMC Cease & Desist Order re: an unauthorized fence within 200 feet
of a       coastal feature at High Street; abutting Plat 9, Lot 296 to
Donelson Glassie, 7 High   Street (continued from December 13, 1999)
The Town Solicitor discussed correspondence from Attorney Christopher
Behan and Attorney Donato Andrea D'Andrea relating to the RICRMC Cease &
Desist Order and the Town's request for the removal of a fence installed
by a property owner blocking the right of way on High Street.
      The Town Solicitor recommended that the Town investigate the title
for the property in question prior to the Town's removal of the fence.
      The Town Administrator reported that the owner of the property
abutting the right of way, Marcia Glassie, has submitted an application to
CRMC to install the fence and that it is presently being considered by
CRMC.
      Several residents noted the historic use of that land as a public
right of way.  
It was moved by Councilor Swain, seconded by Councilor Littman to put this
item on the agenda for the February 14, 2000 Council meeting.
      So unanimously voted.
It was moved by Councilor Long, seconded by Councilor Littman to instruct
the Town Solicitor to begin the investigation and title search on the
right of way property on High Street.  So unanimously voted.
  
COMMUNICATIONS

1)   Letter from Cynthia and Paul Levesque re:  repairs to the pier and
waterfront
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the communication from Cynthia and Paul Levesque.  So unanimously voted.

NEW BUSINESS

1)   Letter from Conanicut Island Art Association re:  request to use
Recreation   
  Center (week of July 24-31 and August 4-6)
It was moved by Councilor Amerigian, seconded by Councilor Long to grant
permission to the Conanicut Island Art Association to use the Recreation
Center the week of July 24-31 and August 4-6, providing there are no
conflicts with the recreation schedule.  So unanimously voted.
2)   Letter from Manuel Melo re:  lighting
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
the letter from Manuel Melo to the Town Administrator.
      So unanimously voted.  The Town Administrator informed the Council
that she would discuss this with the Chief of Police to make sure that
this is not a hazardous situation.
3)   New England Telephone and Telegraph Company and Newport Electric     
  Company 
  a) request to relocate pole #5 3' east and pole #4 4' east to town line
on          Clarke Street
  b) request to place new joint poles and anchor guys on Holly Street and 
        Prospect Street
There was some discussion regarding the replacement of poles, noting that
the old pole was not  removed when installing the new pole.
      The Public Works Director stated that if he is notified which
particular poles are of concern he will contact the utility company and
request that the problem be taken care of.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
refer this item to the Town Administrator.  So unanimously voted.
4)   Harbor Management budget 
The Harbor Management budget was reviewed by the Council and Town
Administrator.
      The Council also addressed the $21,000.00 loan made to the Harbor
Management Commission in anticipation of receiving a federal grant.
       Because these funds were refused, the consensus of the Council was
that a resolution would be prepared for the Financial Town Meeting to
forgive this loan.
      Additionally, the Council discussed increasing the line item for
East Ferries amenities by $25,000.00.  The Town Administrator informed the
Council that she would provide two sets of figures for the budget; one
with the additional $25,000.00 as discussed at tonight's meeting and one
without.5)  Town budget review (if necessary, schedule special meeting on
January 31,     2000 for budget approval)
It was moved by Councilor Long, seconded by Councilor Amerigian to hold a
special Town Council meeting to review the 2000/2001 Town budget.
      So unanimously voted.
6)   Workshop for Town employees and committee chairs re:  Open Meeting
Law     (set date and request Town Clerk to notify participants)
The Town Administrator informed the Council that she and the Town
Solicitor would like to hold a workshop to review the Open Meeting Laws
with employees and committee members.
      It was moved by Councilor Long, seconded by Councilor McIntyre to
approve the workshop to review the Open Meeting Laws.
      So unanimously voted.  

BOARD OF WATER and SEWER COMMISSIONERS MEETING

It was requested by John Murphy, the attorney representing the Madden
subdivision, that the Council, acting as the Board of Water and Sewer
Commissioners, address the Water and Sewer issue at this time.
       Commission President Long opened the special meeting of the Board
of Water and Sewer Commissions at 10:47 PM.

UNFINISHED BUSINESS

  1) Madden subdivision (continued from January 18, 2000) re: 
recommendation from Town Solicitor
Commissioner Amerigian reviewed the recommendation from the Town Solicitor
regarding the Madden subdivision.
      Clarification was requested on the intent of the additional
condition of approval, citing the portion stating ...the owner and/or
occupant of said lot shall not be entitled to a service connection under
the Rules and Regulations of the Board of Water and Sewer Commissioners as
they existed either on January 19, 1999, or on the date of final approval.
      The Town Solicitor noted that approval has been given for one water
hook-up for this property and only one water hook-up, which is the purpose
of the additional condition of approval.
      Counselor Murphy urged the Council not to make this recommendation
to the Planning Commission.
      Counselor Murphy informed the Council that the Maddens were not
contemplating the request of an additional hook-up for their property.
      In fact, Counselor Murphy informed the Council, the Maddens have a
reliable source of drinking water from a well.
      When the Maddens purchased this property, they understood that the
second lot on their property would not get a municipal water hook-up.
      Counselor Murphy suggested that this property should be considered
in the same manner as any other property with a well.  
The Town Solicitor reviewed the rationale behind the draft statement to be
presented to the Planning Commission.
      The Town Solicitor stated that originally at the time of application
for a service connection the requirement was that the premises shall not
be part of a subdivision except for an administrative subdivision, and
secondly, that the land will not produce a sufficient quantity of potable
water by drilling private wells.
      In support of their application for service connection, the Wrights
presented evidence to the effect that the wells drilled on the property
provided yields that were not adequate for domestic use, and for that
reason a service connection was granted.  After the service connection was
granted and after the application was made, there was a hydro-fract
enabling the well to produce a more than an adequate supply of water for
domestic use, which was a change in the situation.
      Given all of that, the suggestion of the Town Solicitor was that
this issue be reviewed by the Board of Water and Sewer Commissioners to
see whether or not it meets with their approval and to see if the
Commissioners feel that there should be some changes in regulation.

Counselor Murphy re-emphasized his feelings that this parcel should not be
treated any differently than any other parcel.
      Further stating that this type of action will have an impact on
conservation easements and other such issues; people want to get permits
in place before they give away development rights to their property.
      By putting this type of legend on documents you would undercut the
value of the property.
      If you are going to do it to the Maddens, will you do it across the
board?
Mary Meagher, 9 Union Street, attempted to reassure the Council that the
Maddens were not looking for another hook-up.  
Counselor Murphy requested that this proceed routinely through to the
Planning Commission.
It was moved by Commissioner Amerigian, seconded by Commissioner Swain to
take no further action on this issue.  So unanimously voted.

Commission President Long adjourned the Board of Water and Sewer
Commissioners meeting at 11:34 PM.

EXECUTIVE SESSION

Motion by Councilor Long, seconded by Councilor Amerigian to enter into
executive session at 11:35 PM.
      So unanimously voted.  Council returned to regular session at 11:52.
 Motion by Councilor Amerigian, seconded by Councilor Long to seal the
minutes of the executive session to the public.  So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Swain to request
that the Town Administrator and Town Solicitor continue with their
negotiations.  So unanimously voted.

ADJOURNMENT

There being no further business, it was moved by Councilor Long, seconded
by Councilor Swain to adjourn the meeting at 11:54 PM.
      So unanimously voted.

SPECIAL WATER SEWER MEETING

UNFINISHED BUSINESS:

  1) Madden subdivision (continued from January 18, 2000) re: 
recommendation from Town Solicitor
Previously discussed

Attest:

Arlene D. Kalooski
Town Clerk