TOWN COUNCIL 
Jamestown, Rhode Island
July 24, 2000

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:03 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:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Kimberly A. Turcone, Deputy Town Clerk
James T. Murphy, Town Solicitor
Arthur Christman, Fire Chief

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1) Letter from Boy Scouts Troop 1 re: Eagle Scout Nicholas Blanton. 
It was moved by Councilor Amerigian, seconded by Councilor Littman to send
a letter of accommodation to Eagle Scout Nicholas Blanton in which
Councilor Littman will present a resolution at the Portuguese American
Citizen's Club on Sunday, July 30th.  So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items # 6 & 7 be removed from the consent agenda.
      Motion by Councilor Long, seconded by Councilor Littman to accept
the consent agenda.  So unanimously voted.

  1) Adoption of Council minutes: 
a) 06/26/2000 Regular Meeting
b) 5/31/2000 Work Session with Harbor Management Commission 
c) 5/31/2000 Special Meeting

  2) Bills & Payroll

  3) Copies of Minutes of Boards & Committee Meetings:
a) Harbor Management Commission (5/10/00, 5/18/00, 6/14/00)
b) Conservation Commission (5/9/00, 6/13/00)
c) Planning Commission (6/7/00)

  4) CRMC Notice:
a)  Assent re:  John Yashar to conduct buffer zone management by mowing
the entire buffer zone biannually (76 Highland Drive; Plat 9, Lot 792)
b) Letter re:  Harbor Management Commission to construct maintenance
repairs to the existing bulkhead (Narragansett Avenue; Plat 8, Lot 530)

5) RIDEM 1999 Annual Report

8) US Census 2000 re: status of census

9) Naval Station Newport Restoration Advisory Board Minutes from 6/21/00

10) Abatements/Addenda Report of Tax Assessor received 07/20/2000

6) MDR Engineering re: ISDS Application located at 232 Seaside Drive
Councilor Amerigian discussed the application and the process the Council
usually follows when receiving applications like the one before them.
      It was moved by Councilor Amerigian, seconded by Councilor Long to
refer the ISDS application to the Conservation Commission for their
recommendation along with requesting an extension on the comment period
and also make the applicant aware of the Council's process on applications
such as this one.  So unanimously voted.

7) Department of Municipal Affairs re: Actions of the General Assembly -
Article 19 of the Appropriations Act
The Town Administrator informed the Council that this item is just for the
Council's information.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to accept item #7.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT
 
None

PUBLIC HEARINGS

None

OPEN FORUM

  1) Scheduled request to address

a) Edwin Connelly - report on the Conanicut Battery
Edwin Connelly reported on the Conanicut Battery and gave a brief overview
regarding what has been happening to the site over the past months and
what the Town can expect to see in the future.
      He asked that the Council approve a bid of $46,500 from Larry
Ruotolo for construction of trails and a parking lot.
      He also requested that the Council remove the unwanted asphalt at
the end of Battery Lane.  

b) Dennis Webster - Harbor Management Commission
Dennis Webster reported that the Harbor Management Commission has not seen
the negotiated lease between the Town and the Fort Wetherill Boat Owner's
Association.
      He stated that it was the Commission's recollection that they would
review the lease before the Town acted upon it.
      He asked the Council to send the lease to the Harbor Management
Commission for their August 9th meeting for their review and comments
before signing the lease.

  2) Non-Agenda request to address
None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

  1) Town Administrator's report

a) Requested action by Council 

i) Award the Conanicut Battery Historic Site Trails/Parking Lot
Construction to Larry Ruotolo for $46,500.00
A motion was made by Councilor Long, seconded by Councilor Littman to
award the Conanicut Battery Historic Site to Larry Ruotolo for $46,500.00.

ii) Set a date for the next Sewer Bond workshop
The Council discussed holding a workshop.
      A motion was made by Councilor Amerigian, seconded by Councilor
Littman to hold a workshop on Tuesday, August 8th to discuss the manner in
which the Sewage Treatment Plant will be paid for.  So unanimously voted.

2) Jamestown Harbor Management Commission

a) Town Solicitor's legal opinion of "riparian property owner"
The Council reviewed the Town Solicitor's letter.
      A motion was made by Councilor Long, seconded by Councilor Swain to
accept the definition as presented by the Town Solicitor and to advertise
the language to be added at the end of subsection

(b) (the language to read as follows):
  "For the purpose of this action, a 'riparian property owner' is a person

  who owns a freehold estate of record in land within the Town having 
  shore-front directly adjacent to waters of the Town".
So unanimously voted.
   
b) Memorandum from Town Clerk re: vacancy for Outside Riparian Owner
Representative (term ending 12/2000); if favorable advertise
A motion was made by Councilor Long, seconded by Councilor McIntyre to
advertise for the position of Outside Riparian Property Owner
Representative after the hearing to change the definition.
      After some discussion, Councilor Long withdrew the motion and the
Council agreed to table issue until after the hearing regarding the
above-mentioned definition.

3)   Memorandum from Town Clerk re:  Tree Warden; if favorable, advertise
 Councilor McIntyre questioned who would pay for the removal of public
trees and if the burden is on the Town.
      A motion was made by Councilor McIntyre, seconded by Councilor Long
for the Town Solicitor to draft an acceptable resolution regarding how a
tree becomes a danger and who pays for the removal.
      So unanimously voted. 

UNFINISHED BUSINESS

1) Harbor Management Commission re:  date for workshop for the Harbor
Management Comprehensive Plan (continued from 07/10/2000)

The Council agreed to table decision for the next meeting.
2) Jamestown Housing Authority re:  PILOT funds (continued from
07/10/2000)
The Town Council discussed the issue with Sirje Carl, Executive Director
of the Jamestown Housing Authority and Ernest Anthony, Chair of the
Jamestown Housing Authority.
      A motion was made by Councilor Swain, seconded by Councilor Long to
grant a waiver of the PILOT funds for 1999 & 2000.  So unanimously voted.

3) Hull Street (continued from 06/26/2000 and 07/10/2000) with review from
Town /Solicitor

The Council reviewed the Town Solicitor's letter regarding the issue.
      Mr. DelBonis of Seaside Drive stated that because of the Police the
problem seems to be under control in the Spindrift/Seside area.
      The problem is with non-residents parking in the area to access the
right-of-ways to go fishing.
      Mr. DelBonis asked the Council to put up No Parking signs in the
area.
      Randy Tyson of Seaside Drive stated that the problem is the old
Jamestown Bridge.
      He also stated that the Town should get involved in getting rid of
the bridge.
      The Town Administrator stated the bridge is scheduled to come down
in 2003.
      Hazel Turley of Seaside Drive stated that the noise and litter is
out of control in the Shores area.
      She has written a report on the Jamestown Shore's, which will be in
circulation soon.
      Pat Bolger addressed the Council as a member of the Parking
Committee and stated that the Committee is scheduled to meet Wednesday,
July 26th to discuss the parking concerns in the Jamestown Shores.
      A motion was made by Councilor Long, seconded by Councilor Swain to
forward this issue to the Parking Committee and put this issue on the next
agenda to hear the Parking Committee's feed back.  So unanimously voted.
  
4) Water Resource Protection Committee (1 vacancy, term unspecified); if
favorable, appoint:

a) Spencer W. Potter
b) Richard H. Hutchinson
c) James Turenne

A motion was made by Councilor McIntyre, seconded by Councilor Swain to
appoint Richard Hutchinson to the Water Resource Protection Committee.
      So unanimously voted. 

5) Appointment of Town Sergeant (continued from 06/26/2000)
A motion was made by Councilor McIntyre, seconded by Councilor Littman to
appoint Fred Pease as the Town Sergeant.  So unanimously voted.

6) Conanicut Island Land Trust (continued from 06/26/2000 and 07/10/2000)

a) request for resolution; if favorable, adopt 
Councilor Amerigian recused himself.
      The Town administrator addressed the Council and gave an overview of
the land the Land Trust would like to purchase.
      The Town Solicitor stated that he did not have any problem with the
language in the letter.
      A motion was made by Councilor McIntyre, seconded by Councilor Long
to accept the resolution of the Conanicut Island Land Trust to read as
follows:
  "Be it resolved by the Town Council of the Town of Jamestown that, in
the event that the Conanicut Island Land Trust defaults or fails to comply
with any of the terms and conditions of a certain loan from the National
Heritage Preservation Commission in the amount of $173,000, more or less,
the Town Council at the annual financial town meeting for the purpose of
considering and voting upon a proposition substantially in the following
form: 'Shall the Town of Jamestown appropriate a sum sufficient to pay the
obligations of the Conanicut Island Land Trust under a certain loan in the
original amount of $173,000, more or less, made by the National Heritage
Preservation Commission and to transact any other business which may
lawfully come before said meeting.'"
So voted with 4 in favor and Councilor Amerigian recusing.  Motion passed.

7) Schedule Continuation of Hearing re: Zoning Ordinance Amendment related
to Businesses that use marina slips, dock space and/or moorings including
ferries and related parking requirements (continued from 05/08/2000
hearing)
Councilor Swain recused himself.
      Councilor Amerigian stated that he saw many problems with the
proposed ordinance and would like to hear the feedback from the Planning
Commission.
      Councilor McIntyre stated that he also saw problems with it and
suggested that people who will be most affected by this ordinance meet
with the Planning Commission.
      Councilor Amerigian recommended that the Council hold a joint
workshop with the Planning Commission to discuss many issues pertaining to
the ordinance.
      Councilor McIntyre reiterated that he recommended that the Planning
Commission meet with business owners that would be affected by the
ordinance change and anyone else interested in the issue.
      A motion was made by Councilor Long, seconded by Councilor Littman
to set up a workshop between the Planning Commission and the Town Council
to discuss the Zoning Amendment, date to be announced at a later time.
      So voted with 3 in favor, Commissioner McIntyre opposed and
Councilor Swain recusing.  Motion passed.

8) Legislation 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 -
Proposed resolution for approval of placement on November 7, 2000 ballot
A motion was made by Councilor Long, seconded by Councilor Amerigian to
adopt the resolution as written.  So unanimously voted.

9) continued from Water and Sewer meeting 07/17/2000

a) Storm drain at East Ferry - update from Public Works Director
The Town Administrator reported that the Director of Public Works has
checked the storm drain and has placed a call into the State to have it
cleared.  Councilor Amerigian voiced his concerns regarding the new
concrete sidewalk.
      The Town Administrator stated that she would pass the word on to the
Public Works Department. 

COMMUNICATIONS

1) Letter from Cox Communications re: overview of changes and rate
increase
Motion to accept the letter from Cox Communications by Councilor Long,
seconded by Councilor Amerigian.  So unanimously voted.

2) Letter from the newly formed group "Concerned Boaters" 
Motion to accept the letter from Concerned Boaters by Councilor Long,
seconded by Councilor Littman.  So unanimously voted.

3) Letter from Laszlo Siegmund re: workshop on rehabilitating the
wastewater treatment plant and collection system
Motion to accept Mr. Siegmund's letter by Councilor Long, seconded by
Councilor Amerigian.  So unanimously voted.

NEW BUSINESS

  1) One Day Entertainment License (Fort Getty)
        Applicant         Date of Use       Request for
     a) John Brittain     September 24, 2000      DJ 
The Town Administrator requested that the Town Council hold off on a
decision until she hears back from the applicant.
      A motion was made by Councilor Littman, seconded by Councilor Swain
to table the request until the next meeting.  So unanimously voted.

2)        Ocean State Scuba request for the use of Mackerel Cove Beach for
Round Island
           Kayak Race - August 12, 2000
Councilor Swain recused himself.
      A motion was made by Councilor Long, seconded by Councilor Littman
to allow Ocean State Scuba to use Mackerel Cove Beach for the Round Island
Kayak Race on August 12th.
      So voted with 4 in favor and Councilor Swain recusing.
      Motion passed.

3) Fort Wetherill Boat Owners Association re negotiated lease; if
favorable, approve

The Town Administrator requested that that the Town Council approve the
lease and addressed her concerns regarding the review of the lease by the
Harbor Management Commission.
      Members from the Harbor Management Commission voiced their concerns
about reviewing the lease before it receives final approval from the
Council.
      John Fantoli, part of the negotiation team, stated that the
negotiations have been going on for over 14 months and would like the
Council to make it's decision, finalizing the lease.
      A motion was made by Councilor Swain, seconded by Councilor Long to
forward the negotiated lease from the Fort Wetherill Boat Owner's
Association to the Harbor Management Commission for their review at the
August 9th meeting.  So unanimously voted.

4) Robert Clarke re:  proposed land swap with Town
A motion was made by Councilor Long, seconded by Councilor Swain to
forward Mr. Clarke's proposal on to the Town Solicitor and Town
Administrator for their recommendation.  So unanimously voted.

OTHER COMMUNCIATIONS

None
OPEN FORUM CONTINUED (if necessary)

None
EXECUTIVE SESSION

None

A motion was made by Councilor Long, seconded by Councilor Littman to
adjourned at 10:15 pm.

Attest:

Kimberly A. Turcone
Deputy Town Clerk