TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
February 28, 2000

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:05 PM by Council
President 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
Lisa Bryer, Town Planner
Richard Allphin, Zoning Vice Chair
Thomas P. Tighe, Chief of Police
Arthur J. Christman, Fire Chief
CONSENT AGENDA

It was requested that items # 1a and 5a be removed from the consent
agenda.
      Motion by Councilor Amerigian, 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 Boards and Committees
  a) Library Board of Trustees (01/18/2000)
  b) Jamestown Zoning Board of Review (01/25/2000)
  c) Planning Commission (02/02/2000)
4)   RICRMC notices
  a) Finding of no significant impact:  Harry & Gloria Kurz to repair
existing stone wall and remove fallen birch tree (Plat 4, Lot 49; 388 East
Shore Road)
  b) Residential assent:  Allen H. Cicchitelli to construct addition and
deck and associated filling and grading, install new 4 BR ISDS, relocate
access-way and driveway (Plat 7, Lot 195; 46 Seaview Drive)
5)   Resolutions from other municipalities:
  b) Town of East Greenwich re:  opposition to casino gambling
6)   Invitation from the City of Newport to participate and march in the
44th Annual     St. Patrick's Day Parade
7)   Department of Administration, Municipal Affairs letter of approval
re:  notice      of proposed property tax rate change
8)   Abatements/Addenda Report of Tax Assessor for February 28, 2000
************************************************
1)   Adoption of Council minutes:
  a) 2/14/2000  (Regular Meeting)
Councilor Littman requested a change to page 4.  The Harbor Management
Commission Chair reported that the ordinance  was presented to the Coastal
Resource Management Council and met with their approval.
      Councilor Littman stated that the proposed fees should be omitted as
they have not been accepted by the CRMC.
It was moved by Councilor Amerigian, seconded by Councilor Swain to
approve the minutes as amended.  So unanimously voted.
5)   Resolutions from other municipalities:
  a) Town of South Kingstown re:  regulation of outdoor shooting ranges
It was moved by Councilor Amerigian, seconded by Councilor Littman to
refer this to the Chief of Police for his comments.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARING

1)   Changes to mooring and outhaul fees as proposed by the Harbor
Management
 Commission
Town Council President Long opened the public hearing to consider proposed
mooring and outhaul fee changes at 7:08 PM.
Walter Cooper, 50 Conanicus Avenue commented that the waterfront benefits
everyone and because of that everyone should pay their fair share.  
Julio DiGiando, 63 Clarke Street requested that the Council provide an
accounting spreadsheet on funds raised and spent by the Harbor Management
Commission so that a projection of what is needed can be created.
Patrick Bolger, Harbor Management Commission Chair attempted to explain
the ten year history of revenues to the Harbor Commission indicating that
50% of the revenue comes from Town resources (leases and fees charged),
30% from private mooring owners, and 20% came from commercial moorings.
       After the payment of annual costs there is $30,000.00 remaining
which is available for capital infrastructure repairs.
      Therefore, there is an additional need for $100,000.00 to
$130,000.00.  
John Fantoli, 64 Lawn Avenue inquired if that means we are over
$100,000.00 in the red every year on capital expenses.
Mr. Bolger informed the audience that what remains after funds are spent
on the fixed fees for the harbor office, harbor master and general
maintenance is $30,000.00.  
Donald Richardson 12 Davis Street suggested that the Town of Jamestown
should pay the lion's share of the repairs of the wharfs and Fort Getty.
      Past Councils and Harbor Commissions have voted for a poor lease
with Conanicut Marina.
      Mr. Richardson sited other mooring fees such as Wickford, with a
more protected harbor, and only charges $50.00.Adolphe Salaun, 30 Seaview
Avenue strongly noted that he believes the Town does not have the right to
charge these mooring fees because the ground under the water is not owned
by the Town.
Dennis Nixon, Standish Road noted that he has had a long term involvement
on this issue.
      He commented that this increase is a breech of trust; stating that
residents were promised many years ago that the harbor fees were to be
used to pay for the harbor master and the harbor master boat and not to
maintain the infrastructure.
     Mr. Nixon also suggested that the Town is attempting to take revenue
from State lands and apply it to something that ought to be paid for by
Town taxes.
     In conclusion, Mr. Nixon strongly recommended that the Council vote
against raising these harbor fees.
There was additional discussion on the area of responsibility charged to
the Harbor Management Commission.
      The Harbor Management Commission Chair informed the Council that the
Comprehensive Plan, approved by the Council in 1995, indicates that the
Harbor Management Commission is charged with maintaining the
infrastructure in and around the harbor.
      Mr. Bolger also mentioned that the harbor fees have basically
remained flat over the last ten years while property taxes have risen
almost 100%.
Donald Armington, 28 West Passage Drive commended Councilor Swain on his
letter published in the Jamestown Press.
      As a retired Harbormaster, Mr. Armington noted that the long range
plan for the maintenance to the harbor facilities has been budgeted for in
the past with retained earnings and at one point there was approximately
$200,000.00 retained.  Mooring fees have always been in conjunction with
the cost of running the operations.
      Unless something has happened dramatically since last budget time,
the budget calls for $60,000.00 for salaries and the administrative costs
of running the office.
      Mr. Armington questioned why those costs are up to $90,000.00 now
and suggested that the figures should be reevaluated on the basis of
keeping a balance between income and expenditures.
Judith Calabretta, 11 America Way as a commercial mooring owner, opposed
the fee increase for commercial moorings.
Varoujan Karantz, 2 Clarke Village Lane objected to the increase, noting
that it is not assessed on a fair basis.
      He suggested that East Ferry and Fort Getty access ramps could bring
in additional funds as there are over 100 people using these facilities on
a weekend.  
Victor Calabretta, 11 America Way suggested,  for the present, the
facilities that need immediate attention should be taken care of.
      Other issues should be addressed when updating the Comprehensive
Plan.
Marilyn Thomas, 79 Whittier Road stated that she felt it was highly unfair
to charge a Jamestown resident holding a commercial mooring double that of
a residential mooring.
      Because of the lack of residential moorings, there is no choice but
to hold a commercial mooring.
Jake Jacobson, 53 Conanicus Avenue suggested that the Council emphasize
fairness and not require just one group to pay for these expenses.  
Councilor Amerigian reminded the audience that the Town will be
contributing approximately $71,000.00 into the Harbor Management budget. 
Additionally, Councilor Amerigian noted that the commercial mooring fees
are higher because they have privileges that the residential mooring
holders do not have.
Another issue discussed was the possibility of charging a one time
surcharge to mooring owners in an effort to raise money to pay for the
necessary maintenance to the infrastructures.
      Other suggestions considered were the prioritizing of projects and
the possibility that the bait deck at East Ferry and the dock at Fort
Getty become self-supporting.  
Dennis Stoops, 940 North Main Road suggested that the program set by the
Harbor Management Commission is too energetic and that the fee structure
is unfair.
Robert Keough, North Bay View Drive noted that mooring owners have given
up many rights and advantages to fix the anarchy in the harbor and
suggested that the burden to fix the infrastructure be spread out more
equitably.  
Richard Bowes, 11 Skysail Court suggested that mooring fees pay for the
maintenance of the East Ferry area. 
It was moved by Council President Long, seconded by Councilor Littman to
close the public hearing at 8:27 PM.  So unanimously voted.

Following the closing of the hearing the Council discussed the priority of
harbor projects and what funds would be needed to complete these projects.
      Additionally, the Council discussed the possibility of imposing a
surcharge on mooring owners to raise enough funds for this year.
      There was a great deal of discussion on addressing many of these
issues when preparing the Comprehensive Plan.  

It was moved by Councilor Long, seconded by Councilor Littman to set the
base rate at $85.00 with the following fee structure:

Resident Fees
Boats 25 feet and under   $85.00
Boats 26 feet to 40 feet  $85.00 plus $5.00 for every foot over 25 feet in
length overall
Boats over 40 feet     $160.00 plus $10.00 for every foot over 40 feet in
length overall

Non Resident fees      2 x proposed resident fees
Commercial fees     2 x proposed resident fees
Outhaul fees        $400.00
           $350.00 with commercial fishing license

It was voted:  Council President Long, aye; Councilor Littman, nay;
Councilor Amerigian, nay; Councilor McIntyre, nay; Councilor Swain, nay.
      The motion failed
The discussion continued with the Council attempting to arrive at a base
rate.
       It was moved by Councilor Long, seconded by Councilor McIntyre to
continue this discussion to the next Council meeting.
        So unanimously voted.  

Council President Long called for a short break from 9:20 PM to 9:25 PM.

OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report
The Town Administrator presented a verbal report to the Council.  
  a) Reservoir 
The reservoir is up to 24 inches, which is an increase of 9 inches from
the last report given to the Council.
      Compared to last year at this time there are 8 or 9 million more
gallons available.   
  b) Hate Crime Workshop
The Police Department is holding an in service hate crime training on
Tuesday, February 20, 2000 at the Jamestown Philomenian Library.
      Members of the Jamestown Police Department as well as officers from
surrounding communities will be attending.  
  c) Grievance from IBPO re: Thomas E. Balcom
Officer Balcom's grievance will be going to arbitration some time this
summer.
  d) Community Development Block Grant
The first hearing was held and the amount proposed is for $146,000.00
  e) Waste Water Management Ordinance
There should be a draft ordinance presented to the Council this summer
with implementation late 2000 or early 2001.
2)   Jamestown Harbor Management Commission (3 vacancies; terms ending
12/31/2003)  If favorable, appoint one representative from each of the
following categories:
  a) Commercial Mooring Operator
     i) request for reappointment from Fred Lorensen
     ii)   letter of interest from James T. Archibald
It was moved by Councilor Long, seconded by Councilor Amerigian to appoint
James T. Archibald to the Harbor Management Commission as the
representative for commercial mooring operators.
      It was voted Councilor Swain, nay; Councilor Littman, nay; Councilor
Amerigian, aye; Councilor Long, aye; Councilor McIntyre, aye.
      The motion passed. 
  b) Commercial Fishing Industry
     i) request for reappointment from David C. Pritchard
     ii)   letter of interest from Richard Romano
It was moved by Councilor Amerigian, seconded by Councilor McIntyre to
reappoint David C. Pritchard as representative of the commercial fishing
industry.  So unanimously voted.
  c) Recreational Boating Community
     i) request for reappointment from David B. Willis
     ii)   letters of interest
           Harrison M. Wright
           Frank D. Meyer
           Kenneth D. Farrelly
It was moved by Councilor Long, seconded by Councilor Amerigian to appoint
Harrison M. Wright to representative the recreational boating community. 
It was voted, Councilor Swain, nay; Councilor Long, aye; Councilor
Amerigian, aye; Councilor Littman, aye; Councilor McIntyre, aye.
      The motion passed.
  d) Recommendation from Harbor Management Commission Chair
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the recommendation from the Harbor Management Commission Chair.
      So unanimously voted.
  e) Attendance record
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the attendance record from the Harbor Management Commission Chair.
      So unanimously voted.3)  Tree Warden Appointment
  a) Memorandum from Town Clerk re:  Tree Warden appointment
  b) Memorandum from RIDEM, Division of Forest Environment
The Town Administrator reported that the Town has received permission to
delay appointing a new Tree Warden until the legislation presented to the
General Assembly has been voted on.
     It was moved by Councilor Long, seconded by Councilor Amerigian to
put the appointment of the Tree Warden on the agenda for the second
Council meeting in March.  So unanimously voted.
4)   Jamestown Housing Authority letter re:  delay of appointment to board
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the request to delay this appointment to the Jamestown Housing Authority.
      So unanimously voted.

UNFINISHED BUSINESS

1)   Jamestown Planning Commission (continued pending recommendation from
Planning Commission)
  a) off-site marina parking
  b) proposed zoning ordinance amendment relating to ferries and ferry    
     parking 
The Town Solicitor noted that the ordinances were reviewed by the Town
Solicitor and returned to the Planning Commission for some changes to the
language.
      It was the consensus of the Council to continue these items on the
agenda until ready for hearing.
2)   Affordable Housing Committee re: Plat 9, Lot 120; Cole Street
(continued from 02/14/2000
  a) memorandum re:  Plat 9, Lot 120; Cole Street
Andrew Yates presented a site plan for the Cole Street lot.
      Mr. Yates is the architect that designed the renovation plan for the
historic building.
      The plan includes the rehabilitation of the 500 sq. ft. building
with a 600 sq. ft. addition.  The finished building is one story with a
loft.  The plan meets all set back requirements.  Nick Robertson,
committee member of Affordable Housing, encouraged the Council to approve
this request.
      Further commenting that presently, there are no other lots with
water and sewer accommodations available for this project.  
David Quattromani, Tom Thomas, Mary Moody, Richard Moody and Joanne
Yoemans, abutters of the Cole Street lot, expressed great concern with the
use of this lot and the renovation plan for this historic building.
      More specifically, concerns addressed were:  the lot is in a low
spot and collects water runoff from the surrounding area; the well on an
abutting lot may be adversely effected; lack of off street parking and the
general congestion of this neighborhood; safety issues regarding emergency
vehicle access being restricted by parking on both sides of the street;
lack of effective street water drainage and the possible need for the
removal of the maple tree located on the lot line.
      Another area of concern was the possibility of legal action against
the Town by a previous owner.  
Attorney John A. Murphy, representing the immediate abutters, suggested
that his clients may be willing to purchase this lot as an unbuildable
lot.  The purchase of this lot by the abutters would alleviate any impact
on this neighborhood and place it back on the tax roll.  
Following additional discussion, it was moved by Councilor Swain, seconded
by Councilor McIntyre to table this issue until the March 13, 2000 Council
meeting at which time the abutters may make an offer through negotiations
between the Town Solicitor and Counselor Murphy to purchase this property.
      So unanimously voted. 3)  Cole Street property located on Plat 9,
Lot 135 re: verbal update from Town Administrator/Town Solicitor on status
of vacant building (continued from 02/14/2000)
Town Solicitor stated that he has been informed that the owner of this lot
is in the process of bankruptcy
4)   Jamestown water re:  update on North Kingstown water availability
The Town Administrator reported progress on the following water related
issues:
     Director of DEM, Jan Reitsma, has informed the Town that we should be
receiving some indication on the progress of the JR3 well; Permission to
hook up to North Kingstown's water supply has been requested; The blending
of South Pond and North Reservoir will proceed following concrete repair
to South Pond;
It is expected that JR1 well will be turned on sometime in March; Work is
continuing with our Congressional Representatives for their support in
obtaining a new pipeline for the North Kingstown water supply.
  
COMMUNICATIONS

1)   High Street Right of Way
  a) From Alma Davenport
  b) From Serena Beretta
  c) James Estes and Darcy Magratten
  d) Gloria C. Dahl
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the communications regarding the High Street right of way.
      So unanimously voted.
The Town Solicitor reported that the fence will be taken down shortly.
      It was moved by Councilor Swain, seconded by Councilor Long to put
this item on the agenda for the March 27, 2000 Council meeting.
      So unanimously voted.
2)   Letter from CRMC re:  Marina Perimeter Limit at Fort Wetherill Cove
It was moved by Councilor Long, seconded by Councilor Swain to refer this
letter to the Town Administrator and the Harbor Management Commission.
      So unanimously voted.
3)   Abutters notice to Town of Jamestown re:  Plat 15, Lot 258
The Town Administrator reported that the ISDS variance was sent to the
Town as an abutter to the property.
      A policy for handling Town abutter notices was discussed.  It was
moved by Councilor Amerigian, seconded by Councilor Long to request that
the Town Administrator notify the State that we are opposed to this
request for variance.
      So unanimously voted.  The Council discussed the necessity of
informing property owners when responding to the State as an abutter.
      It was the consensus of the Council that owners should be notified. 
It was moved by Councilor Swain, seconded by Councilor Littman to request
that the Town Administrator request an extension in the time for comments,
notify the property owner that the Town will be taking a position on the
request and put this issue on the agenda for the next Council meeting on
March 13, 2000.  So unanimously voted.
4)   Copy of grievance from IBPO re:  Officer Angela Benedetti
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the copy of grievance from IBPO.  So unanimously voted.

It was moved by Councilor Long, seconded by Councilor Amerigian to put the
letter included in the Council's packet from Steve Cirella on the agenda
for the next Council meeting.  So unanimously voted.

NEW BUSINESS

1)   Peddlar license renewal applications:
     Applicant
        Del's of Jamestown
It was moved by Councilor Long, seconded by Councilor Amerigian to renew
the Peddlar license for Del's of Jamestown.  So unanimously voted.
2)   Private Investigator license renewal application
     Applicant
        Malcolm Brown
A motion to approve was withdrawn until the Town Administrator confers
with Police Chief Tighe regarding this license.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
approve the Private Investigator License renewal for Malcolm Brown,
subject to the approval of the Chief of Police.  So unanimously voted.
3)   Sunday Sales license renewal applications:
     Applicant
        A.B. Munroe
        Baker's Pharmacy
        Bay View Bar & Grille
        Bay Voyage
        Chopmist Charlie's
        Conanicut Christmas Trees
        Conanicut Island Art Association       
        Conanicut Store (The)
        Conanicut Yacht Club
        Cumberland Farms Store #1108
        Dutch Harbor Boatyard, Inc.
        East Ferry Market & Deli
        Jamestown Boat Yard
        Jamestown Designs
        Jamestown Golf & Country Club
           a/k/a Caddy Shack
        Jamestown Oyster Bar
        Jamestown True Value Hardware
        Jamestown Xtra Mart
        North End Antique & Bargain Center
        Ocean State Scuba
        Paws & Claws
        Portuguese American Citizens Club
        R & R Gallery
        Secret Garden (The)
        Spinnaker's Cafe
        Stonecraft Sterling
        Trattoria Simpatico
        Video Showcase
It was moved by Councilor Long, seconded by Councilor Amerigian to approve
the renewals for Sunday Sales License, with the exception of Ocean State
Scuba.  So unanimously voted.
It was moved by Councilor Long, seconded by Councilor Littman to grant the
renewal for Sunday Sales License to Ocean State Scuba.
      It was voted, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain recused
himself from this vote.  The motion passed.
4)   Trash Collector license renewal application:
     Applicant
        Island Rubbish Services, Inc.
It was moved by Councilor Long, seconded by Councilor Amerigian to grant
the Trash Collector license renewal for Island Rubbish Services, Inc.  So
unanimously voted.

EXECUTIVE SESSION

None

ADJOURNMENT

There being no further business before Council, motion by Councilor Long,
seconded by Councilor Littman to adjourn at 11:00 PM the meeting at  PM.
     So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk