TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
March 13, 2000

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:02 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
James T. Murphy, Esq., Town Solicitor
Steven J. Goslee, Public Works Director
Lisa Bryer, Town Planner
Arthur J. Christman, Fire Chief

A tape recording of this meeting was made to supplement the written
record.

Council President Long announced that the Council would be considering
Proposed Harbor Management Fee Schedule following the discussion on the
Consent Agenda.

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1)   Request from RIDEM, Earth Day Committee
  a) Proposed proclamation honoring Earth Day (04/22/2000)
It was moved by Councilor Long, seconded by Councilor Amerigian to adopt
resolution 00-01R in support of Earth Day.  So unanimously voted. 
2)   Request from Planning Commission re:  recognition of Commissioner
Arthur Milot
It was moved by Councilor Long, seconded by Councilor Amerigian to forward
a letter of appreciation to the Jamestown Press regarding Commissioner
Milot.
      So unanimously voted.  Discussion ensued regarding the policy for
recognizing retiring members of the various Jamestown committees.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to instruct the Town Clerk to send a letter of appreciation for their
service to the Town, signed by the Town Council President, to all
departing committee members retroactive January 1, 2000.
      So unanimously voted.
3)   Request Mick Cochran, Committee Chairperson, Troop 1, Jamestown for  
  proclamation honoring Eagle Scouts Thomas J. Kelly and Joshua Shea
It was moved by Councilor Long, seconded by Councilor Swain to send
proclamations honoring these Eagle Scouts.  So unanimously voted.

  CONSENT AGENDA

It was requested that items # 2, 4a, and 5 be removed from the Consent
Agenda.
     Motion by Councilor Littman, seconded by Councilor Amerigian to
approve the consent agenda as amended. So unanimously voted. The amended
consent agenda consisted of:
1)   Adoption of Council minutes:
  a) 3/6/2000  (Financial Town Meeting)        
3)   Copies of minutes of Boards and Committees
  a) Jamestown Water Resource Protection Committee (01/27/2000)
  b) Board of Canvassers (02/15/2000)
  c) Planning Commission (02/16/2000)
4)   RICRMC notices
  b) Residential assent:  George Turner to maintain existing 5' wide
footpath from upland area through conservation easement and CRMC Buffer
Zone area to the shoreline (Plat 8, Lot 667; 52 Westwind Drive)
*******************************
2)   Bills and Payroll
Councilor Swain requested clarification on an item under Capital
Improvements.
      The Town Administrator confirmed that this was an expense for work
done on Lot 47 abutting the Town Landfill.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
approve the bills and payroll.  So unanimously voted.
4)   RICRMC notices
  a) Experimental Aquaculture application to grow out seed clams in bags
on the bottom; four to six transient gear oyster cages; for URI extension
education purposes-continuation of existing program (Dutch Harbor,
Narragansett Bay, Jamestown)
The Town Administrator noted that this is a renewal application with the
addition of mussels to the list of species.
       It was moved by Councilor Long, seconded by Councilor McIntyre to
accept this notice.
      So unanimously voted.  The Conservation Chair expressed concern that
this was not directly sent to the Town from RICRMC.
      The Town Planner informed the Council that she notified RICRMC that
these applications should be sent directly to the Town Council.
5)   Resolutions from other municipalities:
  a) Town of Richmond re:  state aid to education
It was moved by Councilor Amerigian, seconded by Councilor Littman to send
this communication to the Jamestown School Committee for their input.
      So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

UNFINISHED BUSINESS

As directed by Council President Long the discussion on proposed harbor
fees was moved up to follow the consent agenda.
Council President Long reviewed the previous hearing and discussion
regarding the previously presented proposed fee structure.
      The Harbor Management Commission Chair, Patrick Bolger presented a
new fee structure to the Council.
      The flat rate schedule (dollars per foot of boat length) was
discussed along with the necessity of setting priorities for future
projects.
      The Commission Chair reviewed a handout entitled "Mooring Fees - Who
should Pay? What is Fair?", noting that the flat rate system will
eliminate any discrepancies that would penalize the small boat owners or
the large boat owners.
      Additionally, the Commission Chair stated that the ordinance
indicates that there should be a fair distribution or an equitable
distribution of the burdens of the harbor; however, over the past ten
years it has been 50% paid by the Town, 30% paid by private mooring
holders and 20% be commercial mooring holders.
      It is the intent of the new rate structure to balance the burden to
be 1/3 to each.
      Councilor Swain listed the top three priorities as being, Memorial
Square South bulkhead, North bulkhead wood pile pier and West Ferry
bulkhead engineering; with the expected costs being $75,000.00, $25,000.00
and $25,000.00 respectively.  Additionally, Councilor Swain took exception
to some of the data listed on the sheet entitled "Mooring Fees" and
presented the funds needed; that being: approximately $125,000.00. 
Councilor Swain stated that, at present, without changing rate structure,
the Town's excess revenue collected is $33,000.00, add to that the
$50,000.00 the Town will be donating this fiscal year, for a total of
$83,000.00 for this coming year.  The new fee structure should bring in
approximately $84,000.00 for a total of $167,000.00.  Councilor Swain
expressed his dissatisfaction with the rate structure and the need in
general of such a great increase.
      It was confirmed by Councilor Littman that the East Ferry was a
priority project for this year.
     There being no further discussion, it was moved by Councilor Long,
seconded by Councilor Amerigian to adopt the fee structure as presented:

PROPOSED MOORING FEE STRUCTURE
     Resident Fee   =  $4.00 per foot of boat length
     Non-Resident Fee  =  2x resident fee
     Commercial Fee =  2x resident fee

It was voted:  Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, nay.
      The motion passed.    

PUBLIC HEARINGS

1)   Proposed Ordinance re:  Tree Preservation and Protection (duly
advertised in the Jamestown Press, 03/02/2000)
Council President Long presented the proposed ordinance regarding Tree
Preservation and Protection and opened the hearing for audience comment.
Mary Brennan, 238 Narragansett Avenue, expressed her support for this
proposed ordinance and encouraged the Council to adopt it.
      Ms. Brennan further noted that the Tree Preservation and Protection
Ordinance has been in the making for over four years.
Laszlo Siegmund, 183 Narragansett Avenue, verbally presented a letter to
the Council requesting the Council not adopt the proposed ordinance.
      Mr. Siegmund's letter addressed several areas of concern; one being,
to let property owners exercise their own judgement and attend to their
own responsibilities of the pruning, cutting and planting of trees on
their private property.
      Betty Hubbard, Planning Commission Chair, reviewed the ordinance and
urged the Council to consider its adoption.
      Additionally, Ms. Hubbard mentioned that several grants may be
available to the Town of Jamestown when we have a plan in place.
       Ms. Hubbard informed the Council that the proposed Tree
Preservation Ordinance is for the protection of trees on public property;
only if a tree is on private property and poses a hazardous or dangerous
condition would a Tree Warden be responding to a private homeowner.  
Chris Powell, Conservation Commission Chair, informed the Council that in
1997 the Conservation Commission and the Planning Commission were charged
by the Council to write an ordinance for the protection of trees in the
community.
      This request was made following the Electric Company trimming the
trees for the electrical wires on Narragansett Avenue.
Norma Willis, 1191 North Main Road informed the council that State law
allows a Tree Warden onto private property if there is a hazard; however
this ordinance is basically for public trees not private trees.
      Ms. Willis recommended her support of the Tree Preservation
Ordinance.  
Frank Meyer, 1 Helm Street, questioned the need of the proposed ordinance
and expressed concern over the permitting process.
      Additionally, he requested the Council to consider being more
specific on what constitutes private property.
There being no further comment, Council President Long closed the hearing
at 8:25 PM.

The Town Solicitor confirmed that this ordinance follows statutory law in
that it is directed at publicly owned trees.
      The Town Solicitor also confirmed that Section .09, Violations and
Penalty is covered in the Administrative Procedures Act and therefore can
be omitted.  The Town Solicitor referred to Rhode Island General Laws,
Chapter 14 regarding Tree Warden duties and confirming that a Tree Warden
could enter private property in order to exercise due care and control of
trees if there was a tree suspected of being a public hazard.
Prior to voting on the proposed Tree Preservation Ordinance, the Council
made the following changes:
Section .03, DEFINITIONS     
  Historic Tree: A public tree which.....
  Significant Tree:  Any public tree which.....
Section .05, AUTHORITY
  A. Tree Committee
     3.  The Committee shall, to the extent practicable, include:
      Eight voting members:
       a.  Planning Board Representative*
       b.  Conservation Commission Representative*
       c.  Jamestown Village Association Representative                   
  Business Community Representative
       d.   Town Tree Warden
       e.   Four citizens, resident of the town, giving                   
      consideration to geographic diversity
  B.  Tree Warden
      1.  Authority
       f.  Hazard Control:  The Tree Warden shall have the authority to
enter onto private property to exercise the care and control of trees,
where there is located a tree that is suspected to be a public hazard.
      Where      circumstances permit, the property owner shall be given
written notification of the intended entry a reasonable period in advance
thereof.
  
It was moved by Councilor Long, seconded by Councilor Swain to adopt the
Tree Preservation Ordinance as amended.  So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrators report as attached
  a) Requested action by Council
     i) Proclamation to Ruth T. Branigan in recognition of her continued
patriotism and civic duty.
It was moved by Councilor Long, seconded by Councilor Swain to issue a
proclamation to Ruth T. Branigan.  So unanimously voted.
  b) Verbal report
     i) JR3 Well
The Town Administrator informed the Council that she was notified by RIDEM
that the Town will be receiving a notice of stipulations regarding JR3.
      The Town will be allowed time to respond to this notice.
     ii)   Water and Sewer report
The Town Administrator reported that reservoir has come up about 15 inches
since last week.
      Additionally, the Town Administrator noted that the pumping stations
could not keep up with the rain and there were some back-up problems.  
     iii)  Water and Sewer Budget
The Town Administrator noted that the Water and Sewer Budget will be
presented to the Council for their review.
     iv)   Household Hazardous Waste Collection Day
The Council encouraged the Town Administrator to investigate the
possibility of Jamestown residents participating in the City of Newport
Household Hazardous Waste Collection Day on April 29, 2000.
2)   Jamestown Water Study Committee
  a) copy of letter to RIDEM from Chair
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the copy of the letter from the Jamestown Water Study Committee to RIDEM.
      So unanimously voted.
3)   Jamestown Planning Commission (three (3) vacancies; terms ending
12/31/2003)  if favorable, make appointments
  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)   Laszlo Siegmund
     v) John C. Quinn
In an effort to pick three members for the Planning Commission it was
suggested that each Council member write down their top three choices and
submit them to the Council President for tallying.
      The tally sheets were submitted to the Town Clerk for recording.
      The results were:  

  Council President Long: Aibel, Hubbard, Siegmund
  Councilor Littman:   Calabretta, Hubbard, Sprague
  Councilor Amerigian: Aibel, Hubbard, Smith
  Councilor McIntyre:  Aibel, Calabretta, Quinn
  Councilor Swain:     Calabretta, Smith, Siegmund

It was moved by Councilor Long, seconded by Councilor Swain to reappoint
Betty Hubbard and to appoint Victor Calabretta and Laura Aibel to the
Planning Commission.  So unanimously voted.
  c) letter of resignation re:  Arthur C. Milot
  d) letter of recommendation from Planning Commission  
4)   Jamestown Housing Authority (one (1) vacancy; term ending 12/31/2004)
if      favorable, order advertised
  a) letter from Executive Director, Sirje Carl with attached Position
Paper on A Recent Federal Law Requiring Resident Commissioners Quality
Housing Work Responsibility Act - 1998 (it is expected that Ms. Carl will
be in attendance for questions from the Council)
Sirje Carl, Executive Director of the Jamestown Housing Authority informed
the Council that recent changes in Federal Law requires that vacancies on
Housing Authority Boards be filled by residents of the housing under the
jurisdiction of the Housing Authority.
      However, Ms. Carl noted that the law will allow the reappointment of
a board member with exemplified service even though they are not a
resident at the Housing Authority facility.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
accept the letter from Sirje Carl.  So unanimously voted.
  b) letter from F. Gavin Fitzgerald requesting reappointment
It was moved by Councilor Long, seconded by Councilor Amerigian to
advertise the vacancy on the Jamestown Housing Authority.
      So unanimously voted.

UNFINISHED BUSINESS

1)   Jamestown Planning Commission (continued pending recommendation from
Planning Commission); if favorable, order advertising for hearings
  a) Recommendations to Council    
     i) off-site marina parking
           memorandum from Town Clerk
     ii)   proposed zoning ordinance amendment relating to ferries and    
        ferry parking 
Councillor McIntyre suggested that this be addressed through the
Comprehensive Plan.
      Councilor Amerigian felt that expansion is being considered and
there is concern about parking being in residential areas.
      (Maintaining the sanctity of residential areas)
It was moved by Councilor Long, seconded by Councilor Littman to table
this discussion until the next Council meeting on March 27, 2000.
      It was voted, Councilor Long, aye; Councilor Littman, aye; Councilor
McIntyre, aye; Councilor Amerigian, aye; Councilor Swain recused himself
from the vote.  The motion passed.
2)   Proposed Harbor Management Fee Schedule (continued for discussion
from     hearing 02/28/2000)
  a) memorandum of recommendation from Harbor Management           
Commission
  b) letter from Steven M. McInnis re:  legal interpretation of two-tier
system for commercial moorings
3)   Affordable Housing Committee re: Plat 9, Lot 120; Cole Street
(continued from    02/14/2000, 02/28/2000)
John A. Murphy, representing the abutters to lot 120, noted that the
abutters have submitted an offer to the Town Solicitor in the amount of
estimated back taxes of approximately $13,000.00 with this lot being
equally divided between the abutters Quattromani and Thomas as a
non-buildable lot.
      Counselor Murphy stated that he has since been told that the back
taxes are $17,500.00 and his clients are prepared to increase their offer
to cover this increase.  
The Town Solicitor reviewed the historical information on how the Town
acquired this lot and the procedure for disposal.
      "The town acquired this lot in 1955 for nonpayment of taxes.
      It is believed that the equity of redemption was never foreclosed;
therefore, the town has tax title only to this lot.
      Presently, the Town has two options; those being, 1) foreclose the
right of redemption (which would require notice to the owner of the
property, assuming that the owner can be located); and 2) transfer the tax
title (under general laws, the treasurer must obtain payment to the town
of a sum not less than nor more than the amount necessary for redemption).
      The formula to determine the amount necessary for redemption is laid
out in the general laws as:  the amount the lot was originally purchased
for; plus a penalty of 10% of purchase price if it were redeemed six
months after sale; plus an additional 1% for each succeeding month;
together with all taxes and expenses subsequent to the sale." = $17,572.99
 
Counselor Murphy emphatically requested that the Council consider the
offer made by his clients and proceed with conveying the tax title to
them.
The Coordinator for Church Community Housing, Grafton Bucklin, informed
the Council that they are willing to purchase the tax title to this
property and at their own expense clear the title thus providing
affordable housing opportunities to Jamestown residents.
      Mr. Bucklin also noted that the SPNEA has contributed funds to have
the house from Watson farm moved to lot 120, which will then be
rehabilitated by Church Community Housing.  
Nick Robertson, member of Jamestown Affordable Housing, requested that the
Council allow Church Community Housing to purchase this property noting
that, at present, this is the only lot on Town water and sewer available
for affordable housing.
There was a lengthy discussion on the possibility of putting a home on lot
120 and if there would be any adverse consequences regarding drainage and
parking to neighbors.
      Additionally, there was discussion on the commitment by the Town to
assist in providing affordable housing, it was moved by Councilor
McIntyre, seconded by Councilor Long that the Town of Jamestown transfer
the tax title on Plat 9, Lot 120 situated on Cole Street to Church
Community Housing Corporation at a price calculated pursuant to statutory
provision; said transfer to be within ninety days and subject to Church
Community Housing Corporation clearing the title at their own expense.  
Voted, Council President, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, nay.
      The motion passed.
4)   Jamestown Conservation Commission re:  Water Resource Protection     
  Committee (continued from 01/24/2000 and 02/14/2000)
  a) memorandum dated 01/06/2000 re:  Water Resource Protection          
Committee charge
  b) memorandum dated 02/09/2000 re Water Resource Protection            
Committee charge and name
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
these memorandums to the Water Resource Protection Committee.
      So unanimously voted.
  c) Jamestown Conservation Commission's letter to RIDEM (per Council's
request)
It was moved by Councilor Long, seconded by Councilor Swain to continue
this item until the stipulations for JR3 are received and reviewed.  So
unanimously voted.
5)   Conanicut Island Land Trust (continued from Board of Water & Sewer
Commissioners meeting 02/22/2000)
  a) letter from Conanicut Island Land Trust
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from Conanicut Island Land Trust.  So unanimously voted.
  b) schedule date for meeting with CILT representative
The Council discussed communicating with the Conanicut Island Land Trust
regarding their recommendation of proposed well drilling on Cedar Hill
properties.
      It was the consensus of the Council that Councilor Amerigian would
speak to the Conanicut Island Land Trust to inform them that, at present,
the Council has abandoned the idea of drilling in that area and to
determine the logistics for further communication and possible meeting.

OPEN FORUM

(Open Forum was inadvertently skipped on the agenda and as such appears
out of order)
1)   Scheduled Requests to Address
2)   Non-Agenda Requests to Address
Norma Willis, 1191 North Main Road, informed the Council that the Town of
Jamestown has not filed a Town audit to the Auditor General in a timely
manner.
      The Town Administrator noted that the Town has been without a full
time Finance Director for about two years.
      With the hiring of a full time Deputy Finance Director, it is
expected that the Finance Department will be brought up to date within a
short time.
Don Richardson, 12 Davis Street, reported that sewage has been running on
the street in front of the Bayview condominiums and noted that this was a
health hazard.
      The Public Works Director reviewed the steps that have been taken to
correct this problem; however, the amount of rain that Jamestown received
within a short span of time did cause some problems.
      Mr. Goslee  stated that once the infiltration study is complete it
is expected that this will be tied in with the Treatment Plant renovation.
      
William Munger, Conanicut Marina, reported that sewage has been flowing
from the manhole in front of his business and into the bay.
Christopher Powell, Conservation Commission, suggested that RIDEM should
be notified about the sewage.
      The Town Administrator stated that she did inform them.
William Brennan, 238 Narragansett Avenue, requested that the Council set
this issue as a priority.

COMMUNICATIONS

1)   High Street Right of Way
  a) letter from Mary M. Webster
Council President Long noted that it was his understanding that the fence
blocking the right of way has been removed; however, there were bushes and
boulders remaining.
      Ms. Marcia Glassie reported that the fence was taken down; the
boulders and bushes that remain were there prior to the installation of
the fence and have been there for over ten years.
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from Mary Webster.  So unanimously voted.
2)   letter from Arnold-Zweir, Post No. 22 re:  Vidbel circus
It was moved by Councilor Long, seconded by Councilor Littman to accept
the communication from Arnold-Zweir, Post 22.  So unanimously voted.
3)   letter from Jamestown Chamber of Commerce re:  necklace lighting of
Newport Bridge
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the communication from the Jamestown Chamber of Commerce.
      So unanimously voted.
4)   letter from OMNIPOINT Communications re:  Beavertail State Park -    
     communication antennas
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
the letter from OMNIPOINT Communications to the Beavertail Committee for
their recommendations.  So unanimously voted.

NEW BUSINESS

1)   Peddlar license renewal applications:
  Applicant
     A.B. Munroe Dairy
2)   Private Investigator license renewal application
  Applicant
     Ronald F. Lewis
     Santino Campo, Jr.
     Robert Jannelle
3)   Sunday Sales license renewal applications:
  Applicant
     Hodgekiss Farm
     McQuade's Supermarket
     McQuade's Laundromat
     House of Pizza
     Theatre Family Restaurant
4)   Trash Collector license renewal application:
  Applicant
     Waste Management of RI
It was moved by Councilor Long, seconded by Councilor Swain to approve the
license renewals as presented, subject to the resolution of debts, taxes
and appropriate signatures.  So unanimously voted.
5)   Application to construct and operate a cable television system within
the State of Rhode Island filed by:  American Broadband, Inc. 
It was moved by Councilor Long, seconded Councilor McIntyre to request
that the Town Administrator further investigate and provide the Council
with a report of the proposal by American Broadband, Inc.  So unanimously
voted.
6)   Notice of claim from Steve Cirella
It was moved by Councilor Long, seconded by Councilor McIntyre to refer
the notice of claim from Steve Cirella to the Town Solicitor.
      So unanimously voted.
7)   Letters of requests for grading and resurfacing of Knowles Court
from:
  a) Jake and Marnie Jacobsen
  b) Donald Bresnan
  c) Francis Browning
  d) Richard and Lori Cerrone
  e) Donald R. Palumbo
  f) Blanche R. Murray
  g) Eileen M. Pryor
  h) Heidi E. Moon
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
the requests for grading and resurfacing of Knowles Court to the Town
Administrator and the Director of Public Works.  So unanimously voted.

EXECUTIVE SESSION

None

ADJOURNMENT

There being no further business before Council, motion by Councilor Long,
seconded by Councilor McIntyre to adjourn the meeting at 10:38  PM.
     So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk