TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
February 14, 2000
(as amended 02/28/2000)

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
Richard Allphin, Zoning Vice Chair
Thomas P. Tighe, Chief of Police
Arthur J. Christman, Fire Chief

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Retailer's Beverage License Class D re:  identification of location
as stated on licenses
  a) Portuguese American Citizen Club
  b) Conanicut Yacht Club
  c) Memorandum from Town Clerk
Council President Long requested an opinion from the Town Solicitor
regarding the wording on the retailer's beverage license class D for both
the Portuguese American Citizen Club and the Conanicut Yacht Club.
      The Town Solicitor informed the Council that the action taken to
correct the wording for the Portuguese American Citizen Club actually
expanded the area where alcohol could be served and as such, requires an
advertisement and the holding of a public hearing.
      Additionally, the Solicitor stated that the wording is vague and
should be tightened up as to the exact location.
      Counselor John A. Murphy, representing the Portuguese American
Citizen Club suggested that they would be agreeable to the listing of the
tax plat and lot number appearing in the description.
      Counselor Murphy informed the Council that the Conanicut Yacht Club
has the same concern as the Portuguese American Citizen Club.  
After a short discussion regarding the need for a hearing, it was moved by
Councilor McIntyre, seconded by Councilor Amerigian to advertise and hold
a public hearing in order to correct the errors that were inadvertently
made when issuing the license.
      So unanimously voted.  Councilor Amerigian suggested that the
language be drawn up by the Town Solicitor and Counselor John Murphy.  
Council President Long requested that the Conanicut Yacht Club be
addressed.  Ann Livingston and Counselor Murphy presented the same
concerns as stated for the Portuguese American Citizen Club and requested
that the Yacht Club be treated in the same manner.
       Counselor Murphy stated that the inserting of the word building on
the Yacht Club license stands to cause problems in that there are
occasions when the club holds outside functions where alcohol is served. 
It was moved by Councilor McIntyre, seconded by Councilor Amerigian to
hold a public hearing on the same night as the Portuguese American Citizen
Club for the Conanicut Yacht Club for the purpose of correcting language
on the liquor license.  So unanimously voted.  
It was moved by Councilor Long, seconded by Councilor Littman to accept
the memorandum by the Town Clerk.  So unanimously voted.

CONSENT AGENDA

It was requested that item #1 be removed. Motion by Councilor Long,
seconded by Councilor McIntyre to approve the consent agenda as amended.
So unanimously voted. The amended consent agenda consisted of:
2)   Bills and Payroll    
3)   Copies of minutes of board and committee meetings:
  a) Jamestown Philomenian Library Board of Trustees (December 14, 1999)
  b) Jamestown Planning Commission (September 15, 1999, October 6, 1999,
October 20, 1999, November 3, 1999, December 1, 1999, December 15, 1999,
January 5, 2000, January 19, 2000)
  c) Affordable Housing Committee (September 9, 1998, October 13, 1999)
  d) Jamestown Housing Authority (December 8, 1999)
  e) Jamestown Water Resource Protection Committee (January 19, 2000)
  f) Jamestown Zoning Board of Review (November 23, 1999, December 14,
1999)
  g) Wastewater Management Sub-Committee (October 28, 1999, November 30,
1999)  
4)   Invitation from the City of Newport re:  transfer of the Connell
Manor Navy Housing property to the City of Newport (February 16, 2000)
5)   Notice of Public Hearing from State Planning Council re:  
  a) economic development policies and plan (February 22, 2000)
  b) transportation planning and public involvement procedures (March 23,
2000)
6)   Notice to abutter (Town of Jamestown) from Zoning Board of Review re:
 
  a) special use permit for Conanicut Marine Services; Plat 8, lot 278
(February 22, 2000 meeting)
  b) dimensional variance for Conanicut Marine Services; Plat 9, lot 791
(March 28, 2000 meeting)
7)   RICRMC Notice for Assent re:
  a) Vanessa F. Wurman to construct and maintain a residential boating
facility to consist of a 3.3' x 206' fixed timber pier with a fixed "T"
section 3/3' x 24' at the seaward end of the dock.
      The dock will extend to 120' beyond mean low water requiring a 70'
length variance; Plat 4, lot 15
  b) Estate of Carolyn F. Delmonico to construct and maintain an 8' x 6'
boat lift to an existing residential boating facility; Plat 14, lot 21
8)   Abatements/Addenda of Taxes for February 14, 2000 meeting
************************************
1)   Adoption of Council minutes: 
  a) January 24, 2000 (regular minutes)
Councilor Amerigian requested that the word reappointment was omitted at
the top of page 7.  It was moved by Councilor Amerigian, seconded by
Councilor Long to accept the minutes as amended.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

  1) Pursuant to 42-46-5 (a)(2) (litigation) re:  High Street fence
It was moved by Councilor Long, seconded by Councilor McIntyre to hold an
executive session pursuant to 42-46-5 (a)(2) (litigation).
      It was voted, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye and Councilor Swain,
aye.  The motion passed.

PUBLIC HEARING
(continued from December 13, 1999, December 29, 1999)

1)   An ordinance amending section 5-43(h) of the Code of Ordinances of
the Town of Jamestown re: fees (revised December 15, 1999)
  a) revision and recommendation from Harbor Management Commission dated
February 10, 2000
Council President Long opened the hearing at 7:12 PM.  
Emmet Turley, 409 Seaside Drive expressed his concern about the rising
fees.
      Mr. Turley pointed out that the fees in Portsmouth, South Kingstown,
Middletown and Newport are not as high as the fees in Jamestown.
      Mr. Turley requested comment from the Council on what the residents
of the West Passage would be getting for the increased fees.
      Councilor McIntyre and Councilor Littman noted that the intent of
this ordinance is not to set the fees, but to approve the Ordinance that
gives the Council the right to set the fees after a public hearing.
      Based on the lack of amenities offered in Jamestown, with reference
specifically being made to the East Ferry where trucks and other equipment
are parked thus inhibiting access to the enjoyment of that area, Mr.
Turley strongly urged the Council not to consider allowing the fees to be
raised as proposed.
Adolphe Salaun, 30 Seaview Drive stated that he believes the Town has no
right to charge money for moorings as they do not own the water or the
ground under the water.
     Additionally Mr. Salaun endorsed the statements made by Mr. Turley.
Julio DiGiando, 63 Clarke Street requested clarification on how the rates
would be changed.  There was discussion regarding that if the proposal
passes the rates could not be changed without a hearing.
With no other comments from the audience, it was moved by Councilor Long,
seconded by Councilor Amerigian to close the public hearing.
      So unanimously voted.  It was moved by Councilor McIntyre, seconded
by Councilor Littman that the ordinance amending section 5-34 (h) Fees, of
the Code of Ordinance for the Town of Jamestown be amended to read:
 
Fees for moorings, boat slips, outhauls and beach permits and the like
shall be set forth in a Schedule of Fees recommended by the Harbor
Management Commission and any changes be approved, annually, by the Town
Council after a public hearing.

The Harbor Management Commission Chair informed the Council that adoption
of this proposed amendment would allow the Town to change harbor fees
without a petition to CRMC for permission to do so.
      Councilor Swain suggested that perhaps it would be possible to
adjust some of the figures in our present ordinance and in the future take
a longer look at this proposed amendment.
      Councilor Swain pointed out that the decision by the Harbor
Management Commission to put this amendment on the table was not
unanimous.
      Councilor McIntyre addressed the issue of fees being included in an
ordinance and the initiative being made state wide to change that.
      Additionally, Councilor McIntyre commented that just because this
amended ordinance is passed, it does not guarantee that the rates will go
up annually.
      The Harbor Management Commission Chair reported that the ordinance 
was presented to the Coastal Resource Management Council and met with
their approval.
The motion was voted as Council President Long, aye; Councilor Littman,
aye; Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain
nay.  The motion passed.
Following a discussion on the best time for setting a hearing date for
Harbor fees, it was moved by Councilor Long, seconded by Councilor Littman
to advertise a public hearing for February 28, 2000.
      So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address

none

2)   Non-Agenda Requests to Address
John A. Murphy requested permission to address the Council following the
report on Affordable Housing.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
The Town Administrator also reported that the the installation of the well
on lot 47 should take place sometime towards the end of this week.
      It was also reported that the furnace at the Highway Garage was
replaced.
  a) Requested action by Council 
     i) Conanicut Island Land Trust island-wide yard sale
It was moved by Councilor Long, seconded by Councilor McIntyre to approve
the request from the Conanicut Island Land Trust to hold an island-wide
yard sale and to waive the fee for these yard sales.
      So unanimously voted.
     ii)   Open Meetings Law workshop
It was moved by Councilor Long, seconded by Councilor Amerigian to
schedule a workshop regarding the Open Meeting Laws for Thursday, March
23, 2000 at 7:00 PM.  So unanimously voted.
Councilor Swain requested clarification on the $500,000.00 for the
Narragansett Avenue Enhancement project as mentioned in the Town
Administrator's report.
      The Town Administrator reported that if acceptable to the Town, the
State would turn the funds over to the Town and the Town would then be
responsible for the project; however, the Town would have to meet certain
RIDOT requirements.
      The Town Administrator noted that this offer will be submitted to
the Town in writing.
2)   Jamestown Conservation Commission memorandum re: Conservation 
  Commission's letter to RIDEM
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the memorandums in items 2 and 3.  The motion was withdrawn after
Councilor Swain reviewed the memorandum sent by the Conservation
Commission expressing great concern regarding the issues mentioned in this
communication concerning the activation of public well "JR-3" and the
possible effect this could have on our wetlands.
        Richard Ayen, a representative from the Jamestown Conservation
Commission followed, reminding the Council that the Town government fought
RIDOT for many years to protect these same wetlands during the
construction of the cross-island connector road.
      It was moved by Councilor Swain, seconded by Councilor Long to
address the memorandum from the Conservation Commission at the Water and
Sewer meeting on February 22, 2000 to discuss alternatives in relation to
this memorandum.
3)   Water Resource Protection Committee memorandum re: charge and name of
committee
It was moved by Councilor Amerigian, seconded by Councilor McIntyre to
accept the memorandum referencing the charge and name of the Water
Resource Protection Committee. So unanimously voted.
4)   Affordable Housing Committee
  a) memorandum re:  Affordable Housing Opportunity
The Town Planner introduced Steven Ostiguy from Church Community Housing
to address the Council on an opportunity to provide affordable housing in
Jamestown.
      Mr. Ostiguy presented the concept behind the affordable housing
program.
      Additionally, Mr. Ostiguy and the Town Planner discussed the lack of
in-town lots available for affordable housing; noting that this particular
lot would be returned to the tax roll after more than forty years of
having no tax benefit to the Town.
     Nick Robertson, a member of the Jamestown Affordable Housing
Committee addressed the Council on the positive aspects of providing
affordable housing. 
John A. Murphy, Esq., representing an abutter to the lot being considered
for placement of this home; that lot being described as Plat 9, Lot 120,
noted that this lot has been considered for development in the past.
      Further stating that there are legal impediments to developing this
property.
      Counselor Murphy suggested that the Building Official inspect this
property prior to any plans of moving the home onto this substandard lot.
      Andrew Yates, designer of the renovation plan for the Watson Farm
house informed the Council that the building will need to be shored,
however it is repairable.
      There was a lengthy discussion on the legality of building on this
lot.  The Town Solicitor informed the Council that he has not researched
the title on lot 120; however, at this time, he cannot see any reason why
this request would be prohibited.  Several area residents requested that
the Council not approve any building on the lot.  
At this time, Councilor McIntyre brought up another property on Cole
Street; that being lot 135.
      Councilor McIntyre expressed his concern regarding the fire hazard
that this vacant house causes to the Cole Street neighborhood and asked
that this problem be looked into and put on the Council agenda for the
meeting on February 28, 2000.
It was moved by Councilor Long, seconded by Councilor Swain to put the
request from the Affordable Housing Committee and Church Community Housing
Corporation to continue this item on the agenda for the February 28, 2000
Council meeting so that the abutters of  lot 120 can further discuss this
issue.  So unanimously voted.
  b) two vacancies; terms ending:  unspecified (advertised 12/18/1999 and 
        01/21/2000), if favorable, order interviews
     i) letters of interest
           Lianne C. Nikitas
           Deborah E. Hannuksela
           F. Gavin Fitzgerald
           Paul M. Robertson
It was moved by Councilor Long, seconded by Councilor Amerigian to set up
interviews for the applicants to the Affordable Housing Committee.
      It was noted that F. Gavin Fitzgerald is applying for reappointment
to the Jamestown Community Housing Authority and not Affordable Housing.
5)   Zoning Board of Review (four vacancies; terms ending: (1 regular
member       12/31/2005; 3 alternate members 12/31/2000), if favorable,
appointment selection
  a) letter of resignation from Guy Settipane, alternate #1 (received
01/31/2000)
  b) requests for reappointment
     i) Don E. Wineberg, alternate #2 (interviewed 02/14/2000)
     ii)   Raymond W. Iannetta, alternate #3 (interviewed 01/31/2000)
  c) letters of interest
     i) Richard A. Boren (interviewed 01/10/2000)
     ii)   Joseph S. Logan (interviewed 01/24/2000)
  d) recommendation of Zoning Board of Review
It was moved by Councilor Long, seconded by Councilor Swain to appoint Don
E. Wineberg as a regular member of the Zoning Board of Review, term ending
12/31/2005 and to appoint  Raymond E. Iannetta as alternate #1, Richard A.
Boren as alternate #2 and Joseph S. Logan as alternate #3.  So unanimously
voted.
6)   Jamestown Ambulance Association Compensation Committee (one vacancy,
member representative; term ending 04/30/2002
  a) memorandum from Chair requesting appointment of Ambulance Association
member Thomas P. Greig
It was moved by Councilor Amerigian, seconded by Councilor Long to appoint
Thomas P. Greig as a member representative, to the Jamestown Ambulance
Association Compensation Committee, term ending 04/30/2002.
      So unanimously voted.
7)   Jamestown Fire Department (one (1) vacancy non-member representative;
term       ending 05/31/2002), if favorable, appointment selection
  a) Eric T. Lexow, request for reappointment (interviewed 01/18/2000)
  b) Nancy Kolman, letter of interest (interviewed 01/24/2000)
It was moved by Councilor Long, seconded by Councilor Amerigian to
reappoint Eric T. Lexow, as the non-member representative to the Jamestown
Fire Department Compensation Committee for a term ending 05/31/2002.
      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
No action was taken on these issues.
 2)  Transportation Improvement Program "TIP" (continued from January 10,
2000 and January 24, 2000)
The Council discussed the three projects endorsed by the Planning
Commission and supported by the Comprehensive Plan.
      Additionally, the Council discussed the workshop held on February
10th whereby the Greenway Project was further defined as the proposed
pedestrian/bicycle path beginning at the reservoir along North Road
through Town owned property to Eldred Avenue, to the soccer field, through
the wild life path/tunnel along DOT property to the sanctuary across from
the Police station.
       It was moved by Council President Long, seconded by Councilor
McIntyre to apply for TIP funds for the Greenway Project and attempt to
incorporate a bicycle path on the greenway.
       So unanimously voted.  At this point, Councilor Swain suggested
that another project be presented for TIP funding.
      Councilor Swain expressed concern that the bicycle path and
pedestrian path from the Jamestown Bridge was not completed by the State
and by not including this as a TIP funding request it may be sending a
message to the State that we are not interested in the completion of this
bridge access.
       It was moved by Councilor Swain, seconded by Councilor Littman to
apply for TIP funding for a bridge connection for a pedestrian/bicycle
path as second priority to the Greenway Project.
       This motion by Councilor Swain brought additional discussion
regarding the completion of State plans for the pedestrian and bicycle
access to the Jamestown Bridge.
      The Town Administrator informed the Council that a letter was sent
to the State informing them that they should proceed with the State's plan
that was originally accepted.  It was voted Council President Long,
Councilor Littman, Councilor Amerigian and Councilor McIntyre voting nay,
Councilor Swain aye.  The motion failed.
3)   Jamestown Conservation Commission (continued from January 24, 2000)
  a) memorandum dated January 6, 2000 re:  Water Resource Protection
Committee
  b) memorandum dated February 9, 2000 re:  Water Resource Protection
Committee
It was moved by Councilor Long, seconded by Councilor Amerigian to put
these memorandums on the agenda in March.  So unanimously voted.
4)   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, January 24,2000)

Council President Long noted that this issue would be discussed in
executive session.
      Ms. Glassie informed the Council that through her research she
believed that this portion of High Street was never accepted as a Town
street and was therefore private property.   

COMMUNICATIONS
1)   Letters re:  bicycle paths in Jamestown
  a) Don E. Wineberg
  b) Russell Peterson
  c) Nancy Logan
2)   Letter from Richard Z. Zimmermann, Jr. re:  Jamestown Water Supply
3)   Letter from Eric T. Lexow re:  2000 - 2001 Jamestown Budget
It was moved by Councilor Long, seconded by Councilor Littman to accept
communications number 1 through 3.  So unanimously voted.
4)   Letter from Jamestown Historical Society re:  preservation of Town's
official records
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from the Jamestown Historical Society.  So unanimously voted.
5)   Letter from Nicholas Schaus re:  marina off-site parking
6)   Letter from Patricia Venable re:  Harbor fees
It was moved by Councilor Long, seconded by Councilor Swain to accept
communications numbered 5 and 6.  So unanimously voted.
7)   Communications re:  Census 2000
  a) How America Knows What America Needs campaign
  b) Supplementary Census 2000 survey
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
the communications regarding the Census 2000 to the Town Administrator.
      So unanimously voted.
8)   RIDEM request for endorsement re:  Open Space 2000
It was moved by Councilor Long, seconded by Councilor Amerigian to endorse
the letter from RIDEM regarding Open Space 2000.  So unanimously voted.
9)   COX cable re: introduction and information
10)  Letter from John A. Murphy re:  Town-owned lot on Cole Street (Plat
9, Lot 120)
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
communications numbers 9 and 10.  So unanimously voted.
NEW BUSINESS

None

EXECUTIVE SESSION

1)   Pursuant to 42-46-5 (a)(2) (litigation) re:  High Street fence 
It was moved by Councilor Long, seconded by Councilor Littman to move into
executive session 8:55 PM, pursuant to 42-46-5 (a)(2) (litigation).
      Voted, Council President Long, Councilors Littman, Amerigian,
McIntyre and Swain aye.  The motion passed.

The Council returned to regular session at 9:33 PM.
      It was moved by Councilor Amerigian, seconded by Councilor Long to
seal the executive session minutes from the public.  So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Amerigian to request
the Town Solicitor inform Ms. Glassie that the fence be taken down and to
request the Town Administrator to include this information in the Town
Administrator's report.  So unanimously voted.

ADJOURNMENT

There being no further business before the Council, motion by Councilor
Amerigian, seconded by Councilor Littman to adjourn the meeting at 9:35
PM. So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk