TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
May 22, 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
Steven J. Goslee, Public Works Director
Richard Allphin, Zoning Vice Chair
Thomas P. Tighe, Chief of Police
Arthur J. Christman, Fire Chief
David Pritchard, Harbor Management Commission Vice Chair

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

  1) PUBLIC HEARING for transfer of license (if favorable, grant          
  pending receipt of Certificate of Good Standing from James Thompson) 

CLASS A- Package Store
Jamestown Liquors
9 East Ferry Wharf
Jamestown, RI 02835
TO
Island Beverage, Inc.
d/b/a:  Jamestown Liquors
9 East Ferry Wharf
Jamestown, RI 02835

There being no objections or comments from the audience, it was moved by
Councilor Amerigian, seconded by Councilor Littman to approve the transfer
of the Class A- Package Store license to Island Beverage, Inc., d/b/a
Jamestown Liquors, subject to the receipt of a Certificate of Good
Standing from James Thompson.  So unanimously voted.

CONSENT AGENDA

It was requested that items # 1a, 3c and 5 be removed from the Consent
Agenda.
      Motion by Councilor Amerigian, seconded by Councilor Long 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) Affordable Housing Committee (11/10/1999 and 02/01/2000)
  b) Beavertail Advisory Committee (10/20/1999)
  d) Planning Commission (04/19/2000)
4)   RICRMC notices

  a) cease & desist order:  John Peter Newbauer for clear cutting of a
coastal wetland and the area within 200 feet of a coastal feature (Plat 9,
Lot 26; 108 Southwest Ave.)  
  b) review of application for assent:  RIDEM/Division of Planning &      
  Development (for three (3) buildings at Fort Wetherill)

6)   Restoration Advisory Board 
  a) meeting minutes (complimentary copy)
  b) the RAB Environmental Quarterly

7)   Abatements/Addenda Report of Tax Assessor received 05/18/2000 

*************************************

1)   Adoption of Council minutes:
  a) 05/08/2000 (regular meeting)
It was moved by Councilor Amerigian, seconded by Councilor Littman to move
the item discussed by Joseph Medeiros prior to adjournment to "OPEN FORUM
continued".  So unanimously voted.
It was moved by Councilor Amerigian, seconded by Councilor Long to approve
the minutes as amended.  So unanimously voted.

3)   Copies of minutes of Boards and Committees
  c) Highway Barn Committee (01/21/1999 and 02/18/1999)
It was moved by Councilor Amerigian, seconded by Councilor Swain to return
the minutes to the committee and request clarification on their cover
sheet identifying them as meeting #18 and #19.  So unanimously voted.

5)   RIDEM re:  invitation to attend upcoming meeting entitled Coastal
Spills in      Rhode Island "Oil Spill 101"
The Council discussed the need to have someone from Jamestown emergency
services attend this meeting.
     It was reported that Deputy Fire Chief Robert Bryer and Harbormaster
Sam Paterson are planning to attend.
      It was moved by Councilor Long, seconded by Councilor Swain to
accept the invitation.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Pursuant to RIGL 42-46-5 (a)(1) (job performance)
It was moved by Councilor Long, seconded by Councilor Swain to convene in
executive session to discuss the job performance of an employee, pursuant
to RIGL 42-45-5 (a)(1).
      A letter informing the employee that the Council will be discussing
their job performance and the option to do so in open session was sent to
the employee.
      It was voted, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed.

PUBLIC HEARINGS
  
1)   Zoning Ordinance Amendment related to:  businesses that use marina
slips, dock space and/or moorings including ferries and related parking
requirements (duly advertised Jamestown Press, April 20, April 27 & May 4,
2000)
The Council noted that the hearing could not continue until a
clarification was received from the Town Solicitor.
      It was moved by Councilor Amerigian, seconded by Councilor McIntyre
to continue this hearing to the July 24, 2000 meeting at the Melrose
School.  So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address
  a) B. J. Whitehouse re:  Rocket Dawgz - permission for fireworks at     
  Mackerel Cove

B. J. Whithouse requested permission from the Town Council to use Mackerel
Cove for the 4th of July fireworks display.
      Police Chief Thomas Tighe expressed his concerns with the location, 
noting that parking in that area cannot accommodate a function of that
size.
      Chief Tighe suggested that Beavertail is preferable to Mackerel Cove
as it provides ample parking.
      Chief Tighe informed the Council that he has contacted Lawrence
Moradjian, Chief of Parks and Recreation for the State of Rhode Island to
help facilitate the use of Beavertail.
      Fire Chief Arthur Christman also informed the Council that the use
of Mackerel Cove for the firework display impedes emergency  access to the
south end of the island; therefore, he strongly recommended that the
Council not allow the display in that area.
      Mr. Whitehouse stated that it is the intent of the Rocket Dawgz to
promote a family atmosphere and a neighborhood function; they have no
desire to pursue the work that is entailed in getting all the permits
required for the use of Beavertail.
      There was additional discussion with suggestions for the use of
other sites; those being, Fort Getty, East Ferry beach, or a barge located
off East Ferry beach.
      None of the sites suggested were acceptable either because of
parking or safety issues.
      It was the consensus of the Council that the administration continue
to work with the Rocket Dawgz in attempting to solve the logistical
problem and to continue discussion to the next Council meeting on June 12,
2000.

  b) Fire Chief Arthur Christman re:  LUCAS (life saving device)
The Fire Chief informed the Council that the low bid for the LUCAS was
from Applied Rescue Systems of New England.
      Chief Christman noted that this "jaws of life" equipment is badly
needed and would replace equipment that is out of service.  
Additionally, Chief Christman noted that the ladder truck is expected to
be completed sometime in September, 2000.
      Councilor Long requested a written update to the Council once a
month to keep them informed on the progress and date of expected delivery
for the ladder truck.   

2)   Non-Agenda Requests to Address
Christopher Powell, Conservation Commission Chair reported that the Earth
Day cleanup was a success.
      Mr. Powell informed the Council that approximately thirty workers
from the Newport City Year Young Heros Program assisted Jamestown workers
in this cleanup.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to instruct the Town Clerk to send a thank you note signed by the Council
to the workers.  So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
  a) Requested action by Council 
     i) Award emergency purchase of the Jaws of Life for the Fire
Department
It was moved by Councilor Long, seconded by Councilor Swain to award the
bid for the Jaws of Live to Applied Rescue Systems for the amount of
$19,975.00.  So unanimously voted.

     ii)   Award five year contract, with five year renewal to SYNAGO as  
     outlined in their bid submittal
Following a verbal report from the Town Administrator informing the
Council that there were several bid packages picked up; however, SYNAGO
was the only bid received, it was moved by Councilor Long, seconded by
Councilor Amerigian to award the bid to SYNAGO for the removal of sludge.
      So unanimously voted.

Additionally, the Town Administrator reported on the following issues:

  a) East Ferry project
The Council was informed that the East Ferry improvement project should be
completed by June 29, 2000 in order to prepare for the Tall Ships.
      A snow fence will be installed for the Memorial Day celebration, for
safety purposes.
      It was noted that the East Ferry project is being monitored by the
engineering firm of Siegmund and Associates and is under the direction of
the Town Administrator and Public Works Director.

  b) Annual audit
The Town Administrator reported that following her receipt of a letter
from James N. Nadeau Company, she met with the auditor and the Deputy
Finance Director, and was informed that the field work should be done on
or about June 13, 2000; it is expected that the audit would be completed
on time.

2)   Affordable Housing Committee re:  proposed RI House Bill, 2000 H 6993
The Town Administrator informed the Council that this enabling legislation
would allow accessory family dwelling units to the elderly, the disabled
and young adults.
      The passage of this legislation would give the local Zoning Board
the authority to adopt rules and regulations governing zoning certificates
issued for that purpose.
      It was moved by Councilor Long, seconded by Councilor Littman to
support this legislation.  So unanimously voted.

3)   Harbor Management Commission (verbal report)
  a) pumpout boat - west harbor
Vice Chair David Pritchard reported that the pumpout boat is scheduled for
completion by June 4, 2000.
      The Harbor Commission is attempting to work out the details for the
vessel.
      Under consideration is the possibility of using a private vendor to
run the service for the Town.
      The Town Administrator suggested that the Town Solicitor should be
involved in the contract and any negotiations being considered by the
Harbor Management Commission.
      The Town Solicitor reported that, to his knowledge, bids were
accepted and an award granted for the construction and purchase of the
pumpout boat.
       Additionally, he noted that the funds to purchase the boat were to
come from Harbor Management funds and grant money awarded to Harbor
Management specifically for that purchase.
       However, the Town Solicitor stated that he has not reviewed the
contract and therefore, at this time, could not advise the Council on
contract conditions.
      Councilor Littman noted that the bid for the purchase of the pumpout
boat has not been before the Council.
      The Town Solicitor stated that the Harbor Ordinance provides
expenditures from the Harbor account to be authorized by the Commission
and approved by the Town Administrator.
      Patrick Bolger noted that the purchase of this vessel was discussed
for several months and included in the Harbor budget.
      Mr. Bolger also stated that it has been the practice of Harbor
Management to bring forward for approval any major capital projects;
however, it is usually the approval of the budget and capital financing
that gives the Commission the authority to expend funds.
      At the request of Councilor Long, Mr. Bolger informed the Council
that the $20,000.00 grant consists of $15,000.00, plus $5,000.00 that the
Town must spend.
      The cost of the boat is approximately $19,000.00 with an additional
$6,000.00 for the equipment and motor; the portable pumpout mechanism
which was purchased last year will be used with this boat.
       Councilor Swain expressed great concern with the possibility that
the Town could be responsible for providing this service.
      Several considerations were discussed, such as, third party leasing
of the vessel; reneging on the purchase; and turning the grant over to a
private vendor.
       It was moved by Councilor Amerigian, seconded by Councilor Long to
set up a work shop with the Harbor Management Commission on Wednesday, May
31, 2000 to review the plans for the pumpout boat and to address any legal
opinion from the Town Solicitor.  So unanimously voted.
It was moved by Councilor Long, seconded by Councilor Amerigian to have
the Town Administrator involved in the negotiations and discussions
regarding the pumpout boat.  So unanimously voted.

  b) temporary office help
The Harbor Management Commission Vice Chair reported that the temporary
office help will continue for a thirty-day period with the working hours
of 8:30 AM to 12:00 PM.

4)   Jamestown Fire Department re:  list of company officers 2000
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the list of officers for the Jamestown Fire Department.
      So unanimously voted.

5)   Jamestown Personnel Board: one (1) vacancy exists (term ending
6/2000); duly     advertised:
  a) request for reappointment from Jane S. Miner
  b) letters of interest
     i) Jeffrey G. Brier, CLU, ChFC
     ii)   Betty R. Kinder
     iii)  Cynthia J. Butler
It was moved by Councilor Swain, seconded by Councilor Long to request the
Town Clerk to set up interviews for the Personnel Board.
      So unanimously voted.

6)   Tree Preservation and Protection Committee:  four (4) positions exist
(term   endings are three years staggered); duly advertised: 
  a) letters of interest
     i) Steven J. Tiexiera
     ii)   Crystal Rose Fonseca
It was moved by Councilor Long, seconded by Councilor Swain to schedule
interviews and to readvertise.
      So unanimously voted.  The Town Solicitor noted that one of the
applicants is employed as an intern with the Planning Department; however,
the Code of Ordinance does not prohibit an employee from being on a
non-paid committee.

UNFINISHED BUSINESS

1)   Letter from RIDEM re:  former landfill - revised site investigation
work plan (from 04/10/200 & 4/24/2000 - continued for presentation from
GZA          Geoenvironmental, Inc.)
The Town Administrator reported that GZA met with the consultant for the
North End Citizens Group.
      GZA is attempting to incorporate suggestions from their consultant
and schedule apresentation before the Council.
      It was moved by Councilor Long, seconded by Councilor Swain to
continue this to the June 12, 2000 Council meeting.  So unanimously voted.

2)   Handicap parking at Fort Wetherill (continued from 05/08/2000 to
discuss      meeting with Robert Sutton, Julio DiGiando and Town
Administrator) 
The Town Administrator informed the Council that there is ongoing
discussion with Mr. DiGiando regarding the possibility of and alternate
site for handicapped parking at Fort Wetherill.
      It was moved by Councilor Long, seconded by Councilor Swain to
continue this to the next Council meeting on June 12, 2000.
      So unanimously voted.

3)   Legislation for bond issue authorizing the Town of Jamestown to
finance the installation, expansion, construction and improvements of
sewers, storm drains, pumping stations and sewage treatment and disposal
facilities

  a) set date for work session
It was moved by Councilor Long, seconded by Councilor Swain to hold a work
session regarding the financing of the installation, expansion,
construction and improvements of sewers, storm drains, pumping stations
and sewage treatment and disposal facilities on June 22, 2000 at 7:30 PM
with the location to be announced.  So unanimously voted.

  b) report from Town Administrator re: impact on tax rate and users
In response to a previous request from the Council, the Town Administrator
presented a proposed debt service schedule in order to assess the impact
on the tax rate and users of the municipal sewer system.
       Several residents expressed their concern and reluctance to pay for
the sewer system repairs and maintenance out of the Jamestown general
funds account when in fact, they were not users of the system.
      David Ferrara, bond attorney with Taft McSally, answered questions
and addressed the concerns of the Town Council relating to the legal
issues for the funding of this project.
     Counselor Ferrara felt that assessments were of a more permanent
nature than sewer charges which could be changed by future Councils.
      There was further discussion on alternative methods of repayment.
      The consensus of the Council was to hold a work shop for residents
to discuss sewer rates and assessments prior to the submission of the bond
act to voters in November.
      The Council also intends to discuss the differences between
assessments and sewer rates.
       It was moved by Councilor Long, seconded by Councilor Swain to hold
a work shop for all residents, on Thursday, June 22, 2000 at 7:30 PM.
      So unanimously voted.

4)   Water and Sewer meeting 05/15/2000, continued to Town Council meeting
  a) memorandum from William Munger re:  boat washing water and tank      
  trailer (continued for report from Town Administrator/Public Works      
  Director)
Mr. Munger presented a hand-out to the Council summarizing the water usage
for Conanicut Marine Services and two (2) proposals; one for the return of
 water used and one proposing the reimbursement of charges from the Town
of North Kingstown for water usage.
      The Public Works Director noted that Newport would sell water to be
transferred into the reservoir.
      It would take approximately two weeks to make that transfer and
additional manpower to facilitate this transfer.
      The Town Administrator informed the Council that she spoke to the
Town Manager in North Kingstown and was informed that water can only be
supplied on an emergency basis.
      The Town Solicitor noted that under the rules and regulations for
municipal water usage, there is a mechanism in place for a variance.
      Conservation 15A.
     Limitations on Use.(2) No person shall use water furnished by the
municipal water system for lawn irrigation, boat washing, or residential
car washing from June 1st through October 31st of each year, unless
permitted as hereinafter described.  Upon proper application advertised in
a newspaper published in the County of Newport for three successive weeks,
the board may grant variances to the aforesaid prohibition on such terms
and conditions as it deems appropriate and only after the unanimous vote
of the Commission that the applicant has proved by clear and convincing
evidence that the variance:  a)  will not contribute to conditions
inimical to the public health, safety and welfare; and b) that there is no
reasonably practical alternative, such as wells, holding tanks, water
tankers, and the like.
The present water situation was discussed, resulting in the proposal of an
amendment to the Water Rules and Regulations relating to times when there
is not a water shortage in the June 1st through October 31st Water
Conservation Plan.  
It was moved by Councilor Long, seconded by Councilor Amerigian to request
that the Town Solicitor draw up language to amend the Water Rules and
Regulations with the intent of providing some flexibility for water usage
when the reservoir is full and to present that draft to the Board of Water
and Sewer Commission.  So unanimously voted.

At the Town Administrators request, New Business item #1 was discussed.

1)   Mosquito Abatement Program update
The Town Administrator noted that this update will help alleviate concerns
of some residents regarding the use of mosquito larvacide.
      Steve Morin from the Department of Environmental Management
specifically addressed the issue concerning lobster disease.
      The larvacide which the state is encouraging the communities to use
in their catch basins to control the common house mosquito, a carrier of
the West Nile Virus, has been reviewed extensively and it is believed that
the larvacide is not connected with this disease.
      The Health Department and RIDEM held informational meetings for all
Town officials in the Spring to alert them to the dangers of the West Nile
Virus.
      RIDEM is recommending a program which includes educating the
population on dealing with the common house mosquito and their
environments, surveillance of the mosquito and bird populations by RIDEM
and the Department of Health.
      West Nile Virus is an extraordinary event and RIDEM is attempting to
assist communities by providing this larvacide.
      Altocid has been found to be safe in the amounts used in the catch
basins.
      Mr. Morin noted that all towns and cities in Rhode Island, with the
exception of Charlestown, will be participating in the program.
      Bruce Wigton, Pennsylvania Avenue, stated that methoprene has never
been studied and does not break down as altocid does.
      Mr. Wigton suggested that RIDEM provide data regarding the safety of
this procedure before we take a chance on contaminating the bay. 
It was moved by Councilor Long, seconded by Councilor Amerigian to approve
the use of the product that has been recommended by RIDEM and the State
Department of Health to combat the West Nile Virus.  So unanimously voted.

  b) Rules and Regulations of the Board of Water and Sewer Commissioners  
     for review of rewritten draft
Previously discussed.

COMMUNICATIONS

1)   Letter from Steven M. McInnis re:  review of the Jamestown
Comprehensive Plan and the Harbor Management Comprehensive Plan, as they
relate to the jurisdiction of the Harbor Management Commission
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from Steven M. McInnis.  So unanimously voted.

2)   Notification from RIDEM re:  Order of Approval #1320 - Sludge
Management      Plan and Modified Order of Approval #464 - Operation and
Maintenance Plan
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the Notification from RIDEM.  So unanimously voted.

3)   Letter from John H. Hubbard, Conanicut Island Land Trust re:  RIDOT
and road  runoff at pumping station
It was moved by Councilor Long, seconded by Councilor McIntyre to refer
the letter from John H. Hubbard to the Town Administrator.  So unanimously
voted.

4)   Notice of intent from Department of the Army, New England District,
Corps of Engineers re:  Marina Perimeter Application Fort Cove Marina 
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the notice of intent from the Department of the Army.
      So unanimously voted.

5)   Letter from Jack Bolger in support of Conanicut Marine's use of
Taylor Point for off-site parking
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from Jack Bolger.  So unanimously voted.

6)   Letter from Matthew F. Clarke re:  Zoning Ordinance Amendment
relating to     businesses that use marina slips, dock space and/or
moorings
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from Mathew F. Clarke.  So unanimously voted.

7)   Request from residents on Buloid Avenue not to pave street
It was moved by Councilor Long, seconded by Councilor Amerigian to refer
the petition from the residents on Buloid Avenue to the Public Works
Director, Steven Goslee.  So unanimously voted. 

8)   Council copy of letter to Betty Hubbard, Chair, Jamestown Planning
Commission from  Councilor Bruce McIntyre re:  drafting ordinances
Councilor McIntyre reiterated several concerns mentioned in his letter to
the Planning Commission Chair, with emphasis on the need for problems to
be solved at the committee level by allowing affected parties to have more
input at the drafting stage.
      It was moved by Councilor Long, seconded by Councilor Swain to
accept the letter from Councilor McIntyre.  So unanimously voted. 

9)   Council copy of letter to Harbor Commission from Nicholas Supron re: 
placement of moorings
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the communication from Nicholas Supron. So unanimously voted. 

10)  Council copy of letter to Recreation Director from Stephen A.
Evangelista, Vice  President, Jamestown Soccer Association re:  Eldred
Avenue Soccer Fields
Following a discussion on the condition of the Eldred Avenue soccer field
and the need for water to rehabilitate the field, Councilor Littman noted
that there may be a possibility that the Soccer Association would be
willing to bear some of the cost of the rehabilition.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
accept the communication from Stephen A. Evangelista and refer it to the
Recreation Director and the Town Administrator.   So unanimously voted.   

11)  Council copy of letter to Town Clerk from Turner C. Scott, Esq. re: 
appeals
  a) Edward Altiere
  b) Charles Columpar, Jr.

12)  Council copy of letter to Town Administrator from James N. Nadeau re:
 Town audit

13)  Council copy of letter to Matthew P. Gabrilowitz from Town Solicitor 
It was moved by Councilor Long, seconded by Councilor Swain to accept
agenda communications numbered 11, 12 and 13.  So unanimously voted.

NEW BUSINESS

1)   Mosquito Abatement Program update
previously discussed

2)   Harbor Commission re:  set date for work session
previously discussed

3)   Request to waive $100.00 pavilion fee for:
  a) St. Matthew Episcopal Church
  b) Bridges, Inc. 
It was moved by Councilor McIntyre, seconded by Councilor Swain to waive
the $100.00 pavilion fee for St. Matthew Episcopal Church and Bridges,
Inc.  It was voted unanimously to waive the fee for St. Matthew Episcopal
Church.
      It was voted four (4) in favor of waiving the $100.00 pavilion fee,
with Councilor Littman recusing himself.  The motion passed

  4) One Day Peddler License Application
     Applicant               Date
     *Junior Women's Club of Jamestown   May 29, 2000
*request to waive $5.00 fee
It was moved by Councilor Long, seconded by Councilor Swain to approve the
one day peddler license for the Junior Women's Club of Jamestown on May
29, 2000, subject to appropriate signatures.  So unanimously voted.

OPEN FORUM Continued
Steven McInnis referred to his letter sent to the Council regarding the
Jamestown Comprehensive Plan and the Harbor Management Ordinance.
      Mr. McInnis reported that he brought his concerns to the Planning
Commission and was directed to the Council.
      Mr. McInnis requested guidance from the Council on how he should go
about addressing his concerns.
     Councilor Long suggested that this issue be put on the agenda for
another Council meeting.

EXECUTIVE SESSION

1)   Pursuant to RIGL 42-46-5 (a)(1) (job performance)
Pursuant to RIGL 42-45-5 (a)(1) (job performance), it was moved by
Councilor Long, seconded by Councilor McIntyre to enter into executive
session at 10:43 PM.
      It was voted, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed.

The Council returned to the regular meeting at 11:06 PM.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
seal the minutes of the executive session to the public.
      So unanimously voted. 

There being further discussion requested, it was moved by Councilor
Amerigian, seconded by Councilor Swain to hold a special meeting on May
31, 2000 to continue this issue.  So unanimously voted. 

ADJOURNMENT

There being no further business before the Council, motion by Councilor
Long, seconded by Councilor Littman to adjourn the meeting at 11:10 PM.
      So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk