JAMESTOWN TOWN COUNCIL MEETING
August 28, 2000

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:00 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
Arthur J. Christman, Fire Chief
Christopher Powell, Conservation Commission Chair

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS
Council President announced the retirement of David D. Guiney, Town
Mapper.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
sign and present the following proclamation to Mr. Guiney.   So
unanimously voted.

TOWN OF JAMESTOWN
PROCLAMATION
WHEREAS, DAVID D. GUINEY of Jamestown, Rhode Island has recently retired
from his position as Town Mapper, for the Town of Jamestown;
WHEREAS, David held this position in the Town of Jamestown for sixteen
years; 
WHEREAS, in that capacity he always represented the Town of Jamestown with
dignity;
WHEREAS, he has fulfilled his duties diligently and skillfully; and
WHEREAS, David has assisted the Town of Jamestown in the orderly
translation of deeds to Tax Assessor's Plat Maps; 
NOW, therefore, be it resolved on this twenty-ninth day of August, 2000
that the Town Council of the Town of Jamestown expresses its appreciation
to David D. Guiney for his commitment to duty, years of dedicated service,
honesty and integrity for which he will always be remembered and
respected.

By Order of the Town Council
of the Town of Jamestown

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA
A motion was made by Councilor Long and seconded by Councilor Littman to
accept the Consent Agenda as presented.  So unanimously voted.  The
Consent Agenda was accepted as follows:

  1) Adoption of Council minutes: 
a) 8/15/2000 Regular Meeting

  2) Bills & Payroll

  3) Copies of Minutes of Boards & Committee Meetings:

a) Planning Commission (8/2/2000)
b) Zoning Board of Review (7/13/2000, 7/25/2000)
c) Jamestown Harbor Management Commission (7/12/2000)
d) Parking Committee (8/15/2000)
e) Jamestown Substance Abuse Task Prevention Task Force (7/19/2000)

  4) RICRMC Notice:

a) Finding No Significant Impact to: 
i. D. Robert Salk re: replacing an existing ISDS system located at 20
Seaview Dr., Plat 7/Lot 88;

ii. Linda Allen Alexander Anderson re: constructing repairs to ISDS
located at 440 East Shore Rd., Plat 4/Lot 30;

iii. Basil & Anna Williams re: construction of an addition located at 30
Bayview Dr., Plat 8/Lot 265;

b) Residential Assent to:

i. Harry F. Kurz & Gloria J. Scott-Kurz re: construction of a residential
dwelling, installation of a well and ISDS located on East Shore Rd., Plat
4/Lot 11;

ii. Corrected to Harry F. Kurz & Gloria J. Scott-Kurz re: construction of
a residential dwelling, installation of a well and ISDS located on East
Shore Rd., Plat 4/Lot 11;

iii. William Golini re: construction of a storage shed located at 406 West
Reach Dr., Plat 3/Lot 561;

iv. Edward White re: construction of an ISDS located at 140 Highland Dr.,
Plat 10/Lot 2;

v. Sandra G. Nardolillo re: raze and remove an existing residential
dwelling and construct a 3 bedroom residential dwelling located at 72 East
Shore Rd., Plat 7/Lot 90;

c) Assent to Vanessa F. Wurman re: contraction of a residential boating
facility located at 450 East Shore Rd., Plat 4/Lot 15;

5) Abatements/Addenda Report of Tax Assessor received 08/24/2000
It was moved by Councilor Long, seconded by Councilor Littman to accept
the consent agenda as presented.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1) Acquisition of real property; pursuant to RIGL 42-46-5 (a)(5) (real
estate)

a)   negotiations for property through open space grant
It was moved by Councilor Long, seconded by Councilor Littman to enter
into executive session pursuant to RIGL 42-46-5 (a)(5) (real estate).
      The vote was, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed unanimously.

PUBLIC HEARINGS

None

OPEN FORUM

  1) Scheduled Requests to Address

None

2) Non-Agenda Request to Address

None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report (verbal report) 

The following items were reported by the Town Administrator

* the reservoir is down 20";
* due to erosion, there has been a snow fence installed at Taylor Point;
the next step will be to hire an engineer and contact CRMC regarding the
repairs; these repairs have been budgeted for

* computers have been installed in  Jamestown Police vehicles

* no reported problems from North Kingstown and State Police regarding the
fencing on the Jamestown Bridge

* Jamestown OSCAR team voted #1 and will continue into the Fall

* Tax Assessor will set up a meeting with Municipal Affairs for the Tax
Assessment Board of Review to update them on any new laws and answer any
questions they may have

* representatives for the Big Red Boat have received claims regarding the
power outage and are now in the process of contacting the individuals

* work session reminder, September 14, 2000 with the Planning Commission

* Rhode Island Housing Mortgage Corporation meeting notice on September 5,
2000

Councilor Long inquired into the parking situation in the area around the
old Jamestown Bridge.
      Dan Lilly of Beach Avenue reported that parking has increased around
the Beach Avenue and Seaside Drive area since Hull Street has been
cleared.  

2)   Tree Preservation & Protection Committee (one vacancy exists, term
endings:  staggered three year terms); duly advertised 4/7/2000, 5/24/2000
and 7/13/2000, if favorable readvertise

It was moved by Councilor Long, seconded by Councilor Amerigian to
readvertise for the vacancy.
     So unanimously voted.  It was the consensus of the Council that the
Tree Preservation & Protection Committee begin meeting as soon as
possible.

UNFINISHED BUSINESS

  1) Resolutions from other municipalities (continued from 07/24/2000)

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

The Council discussed the implications of instituting such a policy in
Jamestown and how other communities are addressing this issue.
      The Town Solicitor recommended that Jamestown monitor communities
that have instituted this policy for any ramifications.
      It was moved by Councilor Long, seconded by Councilor Swain that the
Town Clerk gather information from other municipalities regarding the
banning of smoking in eating establishments and any legislation pertaining
to this issue and provide it to the Council at another meeting.  
Phyllis Bedard, owner of Simpatico and Chuck Masso, owner of Chopmist
Charlies, both restaurants in Jamestown, informed the Council that their
restaurants have completely separate areas for non-smoking.  

Nancy Mason, 15 Lugger Street, spoke against smoking.

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

The Council discussed a way for the Town to assist in educating residents
on the risks of cancer.
      The Town Administrator suggested that she would discuss this issue
with the school Superintendent and Doctor Joseph England.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
accept this communication and refer it to the Town Administrator for
discussion with Dr. Gallo and Dr. England.  

2) Harbor Management Comprehensive Plan Workshop with Town Council

a) Reschedule meeting date (meeting place unavailable for September 19,
2000)

The Town Administrator reported that there have been problems with the
scheduling of meetings due to the lack of available space.
      The consensus of the Council that the meeting be rescheduled for
September 21 or 28 at 7:30.  

3) Jamestown Philomenian Library Room (as related to the scheduling and
availability for Town Council and Commission meetings)

a) Use of library meeting room

The Town Administrator reviewed the notification from the Fire Marshall
indicating that the capacity of the Town Hall meeting room has been
reduced to 15 people.
      Discussion ensued regarding other buildings that would be available
for Town Council and commission meetings.
      The Town Administrator noted that it is important that there is
continuity in meeting locations.
       The Town Administrator noted that the Grange Hall was used for a
Planning Commission meeting and expressed her concerns with the use of
non-public buildings for Town meetings. 

b) Policy of meeting room

The Library Board of Trustees Chair reviewed the Library Meeting Room
Policy and Procedures.
      Mr. Murphy also related the concerns of the Trustees regarding the
impact on programs offered by the Library if the meeting room is
continually booked.  Mr. Murphy presented an "Impact upon Library Program
Scheduling", noting that the library is closed on Friday, Saturday, and
Sunday evenings; town meetings already scheduled at the library for
September will leave only seven open dates available for library use.  
 
Councilor McIntyre noted the need to address the condition of municipal
buildings and suggested that Town buildings be put on the next agenda for
discussion.
      Councilor Long suggested that for an immediate solution, the Town
Administrator work with the school for accommodations and to report back
to the Council. 

c) Set-up of meeting room (request for Press table)

Councilor Long requested that the set-up of the meeting room be changed
and, at the request of the Providence Journal reporter, a press table be
added.

4) Town Solicitor opinion re:  Planning Commission/State Enabling
Legislation (continued from 07/24/2000)

It was the opinion of the Town Solicitor that under the Jamestown Charter
and Rhode Island General Laws, that the authority of the Planning
Commission or other commissions does not extend so far that they can
communicate directly with third party entities; but rather should make its
recommendations in an advisory capacity to the Town Council, which speaks
for the Town.
       Councilor McIntyre noted that this general principal should be for
all boards and commissions - not just the Planning Commission.  

Councilor McIntyre requested that several issues be addressed at the Town
Council/Planning Commission Work Session planned for September 14, 2000.  
Items to be discussed are:

I.) Zoning Ordinance Amendment related to Businesses that use marine
slips, dock space and/or moorings including ferries and related parking
requirements

II.) Fees-in-lieu of dedication (Jamestown Subdivision Regulations,
Article III - General Requirements, D. Dedication of Land for Public
Purposes [5])

III.) Annual Report (RIGL 45-22-8)
IV.) Opinion letter from Town Solicitor

5) Water and Sewer rules and regulations re:  conservation (continued from
Water and Sewer meeting 07/17/2000)

The Council reviewed the proposed Water Conservation Variance submitted by
the Public Works Director.
       It was requested by the Council that the Town Solicitor and Town
Administrator work together and submit a revised variance at the next Town
Council meeting.  
  
COMMUNICATIONS

1) Letter from Operation Clean Government re: bond on November 2000 Ballot

It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from Operation Clean Government and refer it to Senator Teresa
Paiva-Weed and Representative George Levesque.  So unanimously voted. 

2) Memorandum from the Planning Commission re: September 14th workshop

It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the memorandum from the Planning Commission.  So unanimously voted.

3) Letter from Donald O'Laughlin re: Sewer Plant Rehab

It was moved by Councilor Amerigian, seconded by Councilor Long to accept
the letter from Mr. O'Laughlin and request that the Town Administrator
respond to him.  So unanimously voted.

4) Copy of letter from Mothers Against Drunk Driving (MADD)

It was moved by Councilor Amerigian, seconded by Councilor Long that the
letter from Mothers Against Drunk Driving and to send a letter to the
Police Chief acknowledging the Police Departments efforts.
      So unanimously voted.

NEW BUSINESS

  1) Fort Getty Entertainment License 

        Applicant         Date        Request for
     a) Gerald Plante        09/03/2000     DJ

It was moved by Councilor Long, seconded by Councilor Swain to grant the
entertainment license at Fort Getty for Gerald Plante on September 3,
2000, subject to the appropriate signatures.  So unanimously voted.

2) RIDEM Notice re: Jamestown Wastewater Treatment Facility (Taylor Point)
The Town Administrator informed the Council that this is a public notice
for a renewal permit for wastewater discharge facility at Taylor Point.
      The Town Administrator noted that she would be attending this
hearing on Wednesday, September 20, 2000.
      It was moved by Councilor Amerigian, seconded by Councilor Long to
accept the notice.  So unanimously voted.

3) Certificate of Maintenance to the Town of Jamestown re: installation of
2 pile piers to existing marina located at 43 Conanicus Ave., Plat 8/Lot
530;
The Town Administrator noted that the location is incorrectly stated on
the certificate.
      This Certificate of Maintenance should be for West Ferry Location.
      It was moved by Councilor Long, seconded by Councilor Swain to
accept this certificate and instruct the Town Administrator to discuss the
incorrect location with the Coastal Resource Management Council.
      So unanimously voted.

4) Letter from Conanicut Island Land Trust 

a) Heyday 2000 - Request for Police Assistance

b) Heyday 2000 - Request for Banner across Narragansett Avenue

Councilor Amerigian recused from this discussion and vote.
      It was moved by Councilor Long, seconded by Councilor Swain to grant
the request for police assistance and the request for a banner to be
displayed across Narragansett Avenue.
      So voted, with 4 ayes and Councilor Amerigian recusing. 

5) Agenda's for Town Council and Town Commissions (per Councilor Swain)
 
a) enclosed in Council's packet 

b) possibility of publishing in the Jamestown Press

Councilor Swain expressed his concern regarding the notification process
to the community for items appearing on Council and Commission agendas.
      Discussion ensued on the various ways in which the public is
presently notified; such as, postings at the library, town office, town
hall and police station.
      Additionally, the possibility of placing Council agendas in the
newspaper was discussed.  The Town Clerk informed the Council that a three
page agenda would cost approximately $225.00 for a one time insertion. 
The Town Administrator noted that she will be working with the Town's
computer consultant to design a website for the Town which will include an
area for agendas.
      Councilor Swain, in an attempt to open up government, suggested that
abutter notification be considered when the Planning Commission, Harbor
Management Commission or Conservation Commission review projects.
       The Town Administrator suggested that abutter notification be
addressed when discussing the updates for the Comprehensive Plan.
      The Council requested that the Town Administrator keep them informed
regarding this issue.
         It was moved by Councilor Swain, seconded by Councilor Long that
the clerks of Harbor Management Commission, Planning Commission and Zoning
Board of Review forward their agendas to the Town Clerk for insertion into
the Town Council packet.
      So unanimously voted.   It was moved by Councilor Swain, seconded by
Councilor Amerigian to advertise where the public can pick up agendas in
the Jamestown Press.
      So unanimously voted.  It was the consensus of the Council to put
the following information at the bottom of the Council agendas:

* the website and posting places for agendas, and

* computers are available at the library for use by the general public

6) Stone Wall on Southwest Avenue (per Town Administrator)

The Town Administrator noted the concerns of residents relating to the
coloring of the stone walls installed by RIDOT.
      The Town Administrator informed the Council that she has discussed
this issue with RIDOT and asked for suggestions on how the look of these
walls can be softened.   Councilor Amerigian suggested plantings such as
ivy to cover the walls.
       The Council was informed that it is expected that the stone walls
on Helm Street will be repaired sometime in September.  

7) RIDEM Division of Forest Environment re: certificate for a famous and
historic tree

It was moved by Councilor Long, seconded by Councilor McIntyre to forward
the certificate for a famous and historic tree to the Tree Committee.
      So unanimously voted.

OPEN FORUM CONTINUED

Julio DiGiando, 63 Clarke Street, suggested that putting agendas in the
Newport Daily News may be more cost effective.

Thomas Turley, 920 North Main Road, suggested considering private sponsors
to cover the cost of advertising agendas in the newspaper.

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Councilor Littman to adjourn
into executive session at 9:15 PM, pursuant to RIGL 42-46-5 (a)(5) (real
estate).
      The vote was, Councilor Long, aye; Councilor Littman, aye; Councilor
Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed unanimously.

The Council returned to regular session at 9:45 PM.
      It was moved by Councilor Long, seconded by Councilor Swain to seal
the minutes of the executive session.
       The vote was, Councilor Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed unanimously.

It was moved by Councilor Amerigian, seconded by Councilor McIntyre to
authorize the Town Planner to submit an application for Rhode Island Open
Space Grants for two parcels of land to be committed to open space;
further identified as Plat 1 Lot 60 and Plat 13, Lot 32.
      So unanimously voted.

There being no further business, it was moved by Councilor Long, seconded
by Councilor Swain to adjourn the meeting at 9:48 PM.
      So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk