TOWN COUNCIL MEETING
Tuesday, August 15, 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:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Kimberly A. Turcone, Deputy Town Clerk
James T. Murphy, Town Solicitor
Steven Goslee, Director of Public Works
Matthew Bolles, Director of Parks & Recreation
Christopher Powell, Conservation Commission
Daniel Lilly, Jr., Water Resource Protection Committee
Arthur Christman, Fire Chief

I. AWARDS, PRESENTATION AND ACKNOWLEDGMENTS:
None

III. SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION:
  None

IV.  CONSENT AGENDA:
It was requested that items 4 (a)(b), 5 (b), 6 & 8 be removed from the
consent agenda.
      A motion was made by Councilor Long and 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) 7/10/2000 & 7/24/2000 Regular Meeting

  2) Bills & Payroll

  3) Copies of Minutes of Boards & Committee Meetings:

a) Library Board of Trustees (4/24/2000, 6/20/2000)

b) Jamestown Housing Authority (3/8/2000, 3/23/2000, 4/3/2000, 4/12/2000,
5/10/2000, 6/14/2000)

c) Planning Commission (6/21/2000, 7/19/2000)

d) Zoning Board of Review (6/27/2000)

e) Jamestown Conservation Commission (4/14/1999, 7/13/1999, 1/11/2000,
2/8/2000)   
  5) RICRMC Notice:

a)  Notice to Dr. Robert Salk re: construct a residential boating facility
(20 Sea View Avenue, Plat 7, Lot 88)

c)   Determination of Non-Jurisdiction to William & Nancy Zeitler re:
single-family dwelling (Beavertail Road, Plat 12, Lot 47)

d) Certificate of Maintenance to Mary Lopes re: repair and fill area
behind seawall (509 Seaside Drive, Plat 3, Lot 14)

e) Notice of Violation to Settipane Family Trust re: installation of a
fence (311 Seaside Drive, Plat 16, Lot 11)

f) Cease & Desist to Walter & Diane Wallace re: installation of a floating
dock (32 Orient Drive, Plat 2, Lot 102)

7)   Meals on Wheels event for October 3, 2000

9) The Tomorrow Fund event for September 6, 2000

10) Abatements/Addenda Report of Tax Assessor received 08/10/2000

4)   Resolutions from other municipalities

a)   Resolution from the Town of East Greenwich re: smoking in eating
establishments

b)   Resolution from the State of Rhode Island re: Urging cities and towns
to create municipal cancer control task forces 

Councilor Amerigian stated that since the two items are related, he would
like to table the issues until the next meeting in order to give them some
thought.
      A motion was made by Councilor Amerigian and seconded by Councilor
Littman to table the resolutions for the nest meeting.
      So unanimously voted.
  
5)   RICRMC Notice:

b) Notice to the Town of Jamestown re: review of application meeting held
on Tuesday, August 8, 2000
The Town Administrator stated that this notice is in regards to the marina
perimeter at Fort Wetherill.
     A motion was made by Councilor Amerigian and seconded by Councilor
Littman to accept item #5 (b). So unanimously voted.

6)        RIDEM Public Notice of Proposed Permit Actions under RI
Pollutant Discharge Elimination System Program which Regulates into the
Waters of the State under Chapter 46-12 of the RI General Laws of 1956, as
amended re:  John R. & Althea K. Leyon (541 Seaside Drive)
A motion was made by Councilor Amerigian and seconded by Councilor Long to
refer item #6 to  the Water Resource Protection Committee for
informational purposes and for the Town Administrator to check for a
hearing date so the Town can send a representative.  So unanimously voted.

8)        RI Division of Planning Memo re: Transmittal of Revisions for
the State Guide Plan Overview
The Town Administrator reported that this memo is for informational
purposes only and informed the Council that the Town Planner sits on the
Committee.
      A motion was made by Councilor Amerigian and seconded by Councilor
Littman to accept item #8.  So unanimously voted.

V.   EXECUTIVE SESSION ANNOUNCEMENT:

 None

VI.  PUBLIC HEARINGS:

None

VII. OPEN FORUM:
  
  1) Diane Hurley re:  request to use Town beach (East Ferry) for 4th
Annual Paddle for Pooches on September 23, 2000
Because Mrs. Hurley was not present during this time, the Council
discussed this item at the end of the meeting.

  2) Jill Anderson, West Reach Drive: Submitted to the Council a claim
pertaining to the power outage caused by the Big Red Boat II.
      Councilor Long referred the claim to the Town Administrator.

  3) Jerry Barrett, Seaside Drive: Asked the Council if they have made a
decision on a proposed site in regards to the Highway Barn.
      Councilor Long stated that no decision has been made.

VIII.   REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS:

1)      Town Administrator's report

The Town Administrator read her submitted report and added that
Narragansett Electric has completed the repair work and the generators
will be removed from the island.
      Discussions regarding a third option of electric power will be
supplied to the island, but at this time it is too early to report where
the power will come from.

2)  Town Planner

a) Memorandum re: Joint Town Council Meeting

The Council asked that the Planning Commission be notified that the
workshop will meet on Thursday, September 14th at 7:30 pm, if there is no
conflict.

b) Letter re:  Necklace lights on the Newport Bridge

Peter McGuirl, Chair of the Turnpike & Bridge Authority voiced his
concerns regarding the letter the Planning Commission sent to him.
      Councilor McIntyre stated that in his opinion, the Planning
Commission had no jurisdiction to write the letter to the Turnpike &
Bridge Authority especially without the Council's input.
      The Town Solicitor stated that without looking at the State Enabling
Legislation, it seems that the Planning Commission has no jurisdiction
over waters.
      A motion was made by Councilor Amerigian and seconded by Councilor
McIntyre to send a memo to the Planning Commission stating that the
Council feels it was not appropriate to communicate directly to the
Turnpike & Bridge Authority without Council input; additionally the
Council requested that the Town Solicitor provide an opinion in regards to
the State Enabling Legislation.  So unanimously voted.

3) Jamestown Conservation Commission

a) Memorandum re:  Status of documents

The Council referred the memo to the Town Solicitor.

b) Memorandum re:  Water Resource Protection Committee representative

4) Quonset/Davisville Liaison Committee re:  EDC/QMDC Board Meeting,
08/07/2000
A motion was made by Councilor Amerigian and seconded by Councilor Long to
write a letter to the chair of the Quonset/Davisville Liaison Committee to
communicate with members to see if all are still interested in serving on
the committee.  So unanimously voted.

5)   Tax Assessment Board of Review;  (one vacancy exists, term ending
6/2004) duly advertised 6/21/2000, if favorable appoint

a) Letter from Chair requesting reappointment of Barbara Hamilton Porter

b) Request for reappointment from Barbara Hamilton Porter

A motion was made by Councilor Amerigian and seconded by Councilor Littman
to reappoint Barbara Hamilton Porter to the Tax Assessment Board of
Review.  So unanimously voted.

A motion was made by Councilor McIntyre and seconded by Councilor
Amerigian to send the Tax Assessment Board of Review to the next continued
education seminar regarding the primary duties of their board as soon as
possible.  So unanimously voted.

6)       Tree Preservation & Protection Committee (four vacancies exist,
term endings:  staggered three year terms); duly advertised 4/7/2000,
5/24/2000 and 7/13/2000, if favorable appoint

a) Letters of interest

i) Crystal Rose Fonseca

ii) Steven J. Tiexiera

iii) Craig Crawford (withdrawn)

iv) William C. "Bucky" Brennan

A motion was made by Councilor Long and seconded by Councilor McIntyre to
appoint Crystal Rose Fonseca, Steven J. Tiexiera and William C. "Bucky"
Brennan to the Tree Preservation & Protection Committee.
      So unanimously voted. 

7)   Memorandum from Town Clerk re:  meeting capacity at Town Hall
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept the memorandum from the Town Clerk.  So unanimously voted.
  
IX   UNFINISHED BUSINESS:

1) Hull Street re:  review from Town Solicitor and Parking Committee
(continued from 06/26/2000 and 07/10/2000)
The Town Administrator reported that the old Jamestown Bridge has been
cleaned and a fence put up to block any access on to it.
      The Parking Committee will give a recommendation to the Council as
soon as possible to keep the Council updated on the situation.  

2) Harbor Management Commission

a)   Riparian Owner definition re: schedule date for hearing of ordinance
amendment; if favorable advertise
A motion was made by Councilor Long and seconded by Councilor Amerigian to
order advertising for Riparian Owner and to schedule the hearing for
September 11, 2000 at 7 pm.  So unanimously voted.

b)   Harbor Management Comprehensive Plan re:  date for workshop for
(continued from 07/10/2000, 07/24/2000)
A motion was made by Councilor Amerigian and seconded by Councilor Long to
schedule a workshop with the Harbor Management Commission for Tuesday,
September 19, 2000 at 7:30 pm to discuss the Harbor Management
Comprehensive Plan.  So unanimously voted.

c)    Fort Wetherill Boat Owners Association Lease re:  review per
Council's    request (continued from 07/24/2000)
A motion was made by Councilor Long and seconded by Councilor Littman to
have the Town Solicitor proceed with writing the lease with the Town
Council's approval of $16,000.00 over a period of 7 years.  This motion is
based on the fact that the Town is still waiting for DEM approval in
regards to the marina perimeter that may effect some issues of the lease.
      Paragraph 16 of the lease will incorporate suggestions from the
Harbor Management Commission regarding extending the period of renewal
from 30 days to 60 days and also allow the period of exercising option to
2006.  So unanimously voted.

3) Tree Warden re: review from Town Solicitor for responsibility of costs
for tree removal  (continued from 07/24/2000); if favorable, order
position advertised
The Town Solicitor reported that he reviewed the RI General Laws and it is
his opinion that the Town is responsible for the expense of removing a
tree on public land, according to the law.
      A motion was made by Councilor McIntyre and seconded by Councilor
Amerigian to order the advertising for a Tree Warden.
      So unanimously voted.

4) John Brittain/Application for Entertainment License at Ft. Getty on
Sept. 24, 2000 (continued from 07/24/2000)
Jack Brittain gave a brief overview of the event and the certain charities
the event would benefit.
      The Town Administrator recommended to the Council that Mr. Brittain
take out a liability policy for the day for a small fee, Town Solicitor
agreed.  A motion was made by Councilor Long and seconded by Councilor
Littman to waive the pavilion fee upon Mr. Brittain speaking to the Town
Administrator regarding liability insurance for the day of the event.
      So unanimously voted.

5) Fort Cove Marina Perimeter  (at the request of the Town Administrator)
The Town Solicitor updated the Council on the Town's application with CRMC
to extend the marina perimeter at Fort Wetherill.
      The Town Administrator added that hopefully certain issues can be
resolved at the next CRMC Council meeting.
6) Skate Park proposal (continued from 06/26/2000)

a)   Memorandum from Acting Town Planner (as requested by Council)

b) Memorandum from Parks and Recreation Director (as requested by Council)

c) Memorandum from Conservation Commission (as requested by Council)
The Council discussed all three (3) memos.
      A motion was made by Councilor Long and seconded by Councilor Swain
to have the Director of Parks & Recreation meet with the Skate Park
Committee, School Department and Town Planner to take the issue to the
next level.  So unanimously voted.

7) ISDS Application re:  232 Seaside Drive (continued from 07/24/2000)
a) Memorandum from Conservation Committee (as requested by Council)
A motion was made by Councilor Amerigian and seconded by Councilor
McIntyre to send a letter to DEM opposing the variances being requested
along with the memo from the Conservation Commission.
      So unanimously voted.  The Town Administrator added that the
Building/Zoning Official has already sent a letter of concern to DEM.

8) Review from RIDEM re:  Site Investigation Work Plan for the former
landfill
The Town Administrator stated that this review is DEM's response from GZA.
      The Town is still waiting for a formal letter for the site
investigation process from DEM.
      She requested that once the letter is received from DEM she would
like the support from the Council to proceed with abutter notification,
wait 2 weeks and then commence work.
      A motion was made by Councilor McIntyre and seconded by Councilor
Amerigian that once the Town has received the formal letter from DEM and
the abutters have been notified and waited for 2 weeks then the Town can
commence work.  So unanimously voted.

X.   COMMUNICATIONS:

1) Letter from Nancy L. Mason re: 8/3/2000 Parking Committee Meeting 
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #1.  So unanimously voted. 

2) Letter from Ursula & Albert Parenteau re: the old Jamestown Bridge
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #2.
      So unanimously voted.  A motion was made by Councilor Littman and
seconded by Councilor Long to refer the letter over to the Parking
Committee.  So unanimously vote.

3) Letter from Patrick Bolger re: Ft. Wetherill Boat Owner's Association
proposed lease
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #3.  So unanimously voted.  

4) Letter from Richard Colasanto re: Ft. Wetherill Boat Owner's
Association proposed lease
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #4.  So unanimously voted.

5) Letter from the Honorable Governor Almond re: CDBG award
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #5.  So unanimously voted.

6) Letter from John Van Somyk re: purchase of Town owned land, Plat 5/Lot
193
Chris Powell of the Conservation Commission recommended that the Town not
sell any land especially in the Jamestown Shores area.
      Dan Lilly, of the Water Resource Protection Committee asked to
review the letter at their next meeting.
      A motion was made by Councilor Amerigian and seconded Councilor
McIntyre to retain the property (Plat 5/Lot 193).
      So unanimously voted.  A motion was made by Councilor Amerigian and
seconded by Councilor Long that any future requests to purchase Town
property be forwarded to the Planning Commission, Conservation Commission
and the Water Resource Protection Committee.
      So unanimously voted.  After some discussion, Councilor Amerigian
revised the motion and Councilor McIntyre seconded to only refer
communications to the Conservation Commission and the Water Resource
Protection Committee on a routine basis.  So unanimously voted.

7) RIDEM 

a) Letter re: Phase II Storm Water Work Group

b)   Questionnaire re: RI Pollutant Discharge Elimination System Program

d) Announcement of Availability of Draft 2000 303(d) List of Impaired
Waters
The Town Administrator suggested that the Council forward all RIDEM
communications listed the Director of Public Works.
      The Council accepted the Town Administrator's recommendation.

8)   Letter from GZA GeoEnvironmental  re:  potable water supply (Plat 2,
Lot 47)
A motion was made by Councilor Long and seconded by Councilor Amerigian to
accept item #8.  So unanimously voted.

XI.  NEW BUSINESS:

  1) One Day Peddler License 

        Applicant         Date        Request to Sell
     a) Central Baptist Church  8/19/2000      Bottle Water

A motion was made by Councilor Long and seconded by Councilor Amerigian to
grant the peddler license to Central Baptist Church and waive the
application fee.  So unanimously voted.

     b) Conanicut Is. Land Trust   9/23/2000   T-shirts, art & food

A motion was made by Councilor Long and seconded by Councilor Littman to
grant a peddler's license to the Conanicut Island Land Trust and to waive
the application fee.
      Motion passed by a vote of 4-0.
      Councilor Amerigian recused himself.

2) Request to pave Neptune Street from Dennis A. Curci
A motion was made by Councilor Long and seconded by Councilor Littman to
accept the request from Dennis A. Curci and to forward to the Director of
Public Works.  So unanimously voted.

3) Friends of the Jamestown Community Center re:  review of plans
Patricia Eannarino of the Friends of the Jamestown Community Center gave a
brief overview of the plans to beautify the outside of the Community
Center.
      Thomas Todd reviewed his plans for the beautification process for
the Council.
      After some discussion, a motion was made by Councilor Long and
seconded by Councilor McIntyre to give full support to the Friend of the
Jamestown Community Center project.
      So unanimously voted.  A second motion was made by Councilor Long
and seconded by Councilor McIntyre to make the Town a custodian of funds
for the project.  So unanimously voted.

XII. OTHER COMMUNCIATIONS:

None

XIII.   OPEN FORUM CONTINUED (if necessary):

1)   Diane Hurley re:  request to use Town beach (East Ferry) for 4th
Annual Paddle for Pooches on September 23, 2000
Diane Hurley addressed the Council in regards to the 4th annual Paddle for
Pooches to raise money for the Potter League for Pets.
      She requested that the Town allow the charity kayak event to use the
beach at East Ferry.
      A motion was made to approve the request of Diane Hurley contingent
upon the coordination of the Police and Fire Departments.
      So unanimously voted.

XIV. EXECUTIVE SESSION:

None

A motion was made by Councilor Long and seconded by Councilor McIntyre to
adjourn the meeting at 9:42 pm.

Attest:

Kimberly A. Turcone
Deputy Town Clerk