TOWN COUNCIL MEETING
October 23, 2000
as amended November 13, 2000)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:06 PM by Council Vice
President Kenneth G. Littman.  The following members were present:
Craig A. Amerigian
Bruce W. McIntyre
David Swain
Absent:  Council President J. David Long
Councilor McIntyre arrived at 7:14 PM

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
James T. Murphy, Town Solicitor
Thomas P. Tighe, Police Chief
Arthur J. Christman, Fire Chief
David Pritchard, Harbor Management Commission Interim Chair, arrived at
7:35PM

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1) Letters of condolence

a) Michael McGrath

The Town Administrator noted that Mr. McGrath was employed by the Parks
and Recreation Department at the Fort Getty Gatehouse.
      It was moved by Vice President Littman, seconded by Councilor
Amerigian to forward a letter of condolence to Mr. McGrath's family.  So
unanimously voted.  

b) Scott Umsted

The Town Administrator informed the Council that Mr. Umsted was formerly
employed as the Jamestown Probate Judge from 1981 to 1991.
      It was moved by Vice President Littman, seconded by Councilor
Amerigian to forward a letter of condolence to Mr. Umsted's family.  So
unanimously voted.
  
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

CONSENT AGENDA

It was requested that items # 1a be removed from the consent agenda.
      Motion by Councilor Amerigian, seconded by Councilor Littman to
approve the consent agenda as amended.  So unanimously voted.  The consent
agenda consists of:

2)   Bills and Payroll

3)   Copies of Minutes & Agendas of Boards & Committee Meetings:

a) Planning Commission (9/20/2000)

b) Harbor Management Commission (9/13/2000)

c) Beavertail Advisory Committee (5/17/2000)

4)   CRMC Cease & Desist Order to:

a)   Mary Ann Duggan for failing to establish and/or maintain the coastal
buffer zone located at Plat 16/Lot 10, 305 Seaside Drive

5) Rhode Island Housing & Mortgage Finance Corp reminder re: Planning
Meeting to be held on October 25th at 11 am

6) AD HOC Committee on Judicial Independence re: The Current State of
Public Trust & Confidence in the Justice System

7) Naval Station Newport Restoration Advisory Board minutes from 9/20/2000

1)   Adoption of Council minutes:

a) 10/10/2000 Regular Meeting

Upon the arrival of Councilor McIntyre, a motion was made by Councilor
Swain, seconded by Councilor Amerigian to accept the October 10, 2000
Council minutes.
      It was voted:  Council Vice President abstained because he was not
at that meeting; Councilor Amerigian, aye; Councilor McIntyre, aye;
Councilor Swain, aye.
      The motion passed with three in favor and one abstention.

EXECUTIVE SESSION ANNOUNCEMENT

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

2)   Police contract negotiations, pursuant to RIGL 42-46-5 (a)(2)
(collective bargaining)

It was moved by Councilor Littman, seconded by Councilor McIntyre to enter
into executive session pursuant to RIGL 42-46-5 (a)(5) (real estate) and
RIGL 42-46-5-(a)(2) (collective bargaining).
      The vote was, 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 Requests to Address

a) Town Clerk memorandum

The Town Clerk presented a memorandum informing the Council of the
November holiday schedule for the Town Hall.
      There was no action taken on this memorandum.

b) Alan Burse, 13 Sampan Street 

Mr. Burse requested that the Council request the West Ferry lessees take
appropriate measures to fix the problem with the pumpout boat so this
service can be renewed.

The Town Administrator noted that there was a broken switch on the pumpout
boat unit; however, the switch has been ordered.   Councilor Swain
suggested that the portable pumpout boat be put into service in that area
until the switch is fixed.  The Town Administrator will request that this
be done.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report

a) Requested action by Council (none)

2)   Harbor Management Commission

a)   Memo re: mooring applications

It was moved by Councilor Swain, seconded by Councilor McIntyre to accept
the memo regarding a moratorium on mooring applications.
      So unanimously voted.  Discussion was called and notation made that
this request from the Harbor Management Commission was not a consensus and
would require additional discussion and legal consultation to be
considered further.
       David Pritchard noted that on the advise of legal council, any
modifications to the Harbor Ordinance must be made according to proper
procedure.
      This was reinforced by the Town Solicitor, who stated that given the
way the ordinance was drafted, the only way in which a moratorium could be
placed would be by a moratorium enacted by an ordinance of the Town
Council.
       It was noted that the Harbor Commission would be forwarding a
memorandum to rescind this request.

Councilor McIntyre expressed his concern regarding riparian owners with
more than the allowed number of moorings and requested advice and
clarification from the Town Solicitor.  

b) Memo re: Resignation of Amy Barclay de Tolly (effective term end
12/31/2000) if favorable, order vacancy for three year term ending
12/31/2003 advertised

It was moved by Councilor Amerigian, seconded by Councilor Littman to
table the advertising of vacancies for the Harbor Management Commission
until the next Council meeting on November 13, 2000.
      So unanimously voted.

c) List of commission members (from Town Clerk)

It was noted that the term for David Laurie expires in December 2000.
      When notified of Mr. Laurie's intent, this position will be
advertised.

3)   Water Resource Protection Committee

a) Election of Officers

Mr. Ellicot Wright noted that he was elected Chair pro tem.  It was moved
by Councilor Amerigian, seconded by Councilor Littman to table this
notice.  So unanimously voted.

4)   Library Board of Trustees

b) Letter to Gerard Barrette re: retirement from Library Building
Committee

It was moved by Councilor Amerigian, seconded by Councilor Swain to accept
the notice of retirement regarding Gerard Barrette from the Library
Building Committee and request the Clerk to send a letter of thanks from
the Council.  So unanimously voted.

c) Requests for reappointment (effective term end 12/31/2000) if
favorable, order two (2) vacancies for three year term ending 12/31/2003
advertised

i) Letter from Nancy Logan re: reappointment

It was noted that Ms. Logan has not yet served a complete term; therefore,
it was moved by Councilor Amerigian, seconded by Councilor Littman to
reappoint Nancy Logan to the Library Board of Trustees for a term ending
12/31/2003.  So unanimously voted.

ii) Letter from Barbara Nesto re: reappointment

There are two terms expiring in December of 2000; one for John Murphy and
one for Barbara Nesto.
      It was moved by Councilor Littman, seconded by Councilor McIntyre to
hold off on advertising these vacancies until the Council receives
notification from Mr. Murphy.  So unanimously voted.

c)   List of committee members (from Town Clerk)

5)   Town Solicitor

a) Letter to Robert Collins re: Big Red Boat II (Council's copy)

As requested by the Council, the Town Solicitor contacted the Big Red Boat
II.  The Town Solicitor noted that additional information will be
forthcoming.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
accept the letter to Robert Collins.  So unanimously voted.

6)   Town Clerk

a) Memo re: November 7 election

It was moved by Councilor Amerigian, seconded by Councilor Littman to
accept the memorandum from the Town Clerk.  So unanimously voted.

b) Warrant for November 7 election

Councilor Amerigian requested that the next advertisement notifying the
residents about the local referendum, notice be given that it is #7 on the
ballot.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to accept the Warrant as presented by the Town Clerk.
      So unanimously voted.

UNFINISHED BUSINESS

1) Resolution from the Town of East Greenwich re: Smoking in eating
establishments (continued for additional information from Town Clerk)

a) East Greenwich Council and Hearing minutes

It was moved by Councilor Amerigian, seconded by Councilor Swain to accept
the information from East Greenwich regarding smoking in eating
establishments.  So unanimously voted.

It was moved by Councilor Amerigian, seconded by Councilor Littman to
forward the information from East Greenwich regarding smoking in eating
establishments to the Substance Abuse Task Force.  So unanimously voted.

2)   T.F. Green Airport Flight Patterns - letter from RI Airport Corp. 

(continued from 09/25/2000 response re: Senator M. Teresa Paiva-Weed
letter)

Councilor Amerigian reviewed the letter from Senator M. Teresa Paiva-Weed
and noted that there is still some concern when the new departure headings
take place in early Spring.
      The Town Administrator will follow up on this and report back to the
Council.  

It was moved by Councilor Littman, seconded by Councilor Amerigian to
accept this reply letter to Senator Paiva-Weed.  So unanimously voted.

3)   Disposal of Municipal Properties (cont. from 10/10/00)

It was moved by Councilor Littman, seconded by Councilor Amerigian to
invite Christopher Powell, Chair of the Conservation Commission to be
present during this discussion on November 13, 2000.
      So unanimously voted.

4)   Letter from North Smithfield Town Council re: RI Energy Facility
Siting Board (cont. from 10/10/00 for review by Town Solicitor)

The Town Solicitor informed the Council that he reviewed the letter and
the RI Energy Facility Siting Act.
      This Act provides that upon application for the siting of and energy
facility, it must be processed through the Facility Siting Board.
      By statute, that board undertakes all of the permitting for the
facility.
      The Town's Planning and Zoning Boards assume an advisory role at
that time.
      It would seem that this would impact Jamestown only if there was an
energy facility being planned for our area.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to accept the letter and information regarding RI Energy Facility Siting
Board.  So unanimously voted.

5)   VHB letter re:  Highway Garage Project.

It was moved by Councilor Amerigian, seconded by Councilor Littman to
accept the letter from VHB.  So unanimously voted.

COMMUNICATIONS

1)   Letter from Donna Cote re: Parking at the Jamestown Library

It was moved by Councilor Amerigian, seconded by Councilor Littman to
accept the letter from Donna Cote and to request that the Town
Administrator inform her of the change in meeting location.
      So unanimously voted.

2)   Letter from Peter & Elaine Macera re: Hull Street stop sign

It was moved by Councilor Amerigian, seconded by Councilor Littman to
accept the letter from Peter & Elaine Macera and refer it to Chief Tighe
requesting that he investigate if lighting is needed. So unanimously
voted.

3)   Letter from Betty Ann Taylor re: Narragansett Avenue tree planters

The Town Administrator expressed her concern regarding staffing issues
when considering taking on additional duties of this nature.
      The Town Administrator noted that as the downtown beautification
program proceeds there may be other areas which will need attention and
suggested that it may be necessary to contract this work out.
       Further discussion led to the possibility of an immediate solution
being a request for boy scout volunteers.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
accept the letter from Ms. Taylor.  So unanimously voted.

4)   Letter from Nancy A. Logan re: North Main Road

It was moved by Councilor Littman, seconded by Councilor Amerigian to
accept the letter from Nancy Logan.  So unanimously voted.

NEW BUSINESS

1)   Metricom re:  radio transreceivers on streetlights or utility poles
James L. Bach, Government Relations Representative at Metricom, was
introduced to the Council by the Town Administrator.
      Mr. Bach reviewed the packet of information submitted to the Council
regarding their request to install equipment on telephone/electrical
poles.
      Mr. Bach noted that Metricom is the leading provider of advanced
technology for mobile data networking.
      Metricom is requesting that the Town Council authorize the use of
Right of Way space for the installation of their mobile access system.
      It is expected that for the first year, the Town would receive
revenue of approximately $2,000.00. 
  
The Council raised several issues and concerns:

* Signal types - uses less than 1 watt of power (new low frequency -
non-ionizing)

* Installation sites - will provide map of installation sites

* Historic lights - will not be installed on historic lighting

* Other vendors - Metricom is one of the first out with this technology;
however, there is potential for other vendors in the future

* Disposal of equipment - Metricom would be responsible for the removal of
any equipment

* Zoning Board approval - is not necessary

* Legal implications - the Town Solicitor to review

* Number of antennas - 5 1/2 per square mile (approximately 10)

* Terms - ten years with renewal options

It was moved by Councilor McIntyre, seconded by Councilor Amerigian to
permit the Town Administrator to work out an acceptable agreement between
Ricochet and the Town of Jamestown.
      Councilor Amerigian requested that the Town Solicitor review the
information and advise the Council prior to any negotiations.
      Motion amended and seconded to permit the Town Administrator and
Town Solicitor to work out an acceptable agreement between Ricochet and
the Town of Jamestown to be presented to the Council.
      So unanimously voted.

2)   Request from Special Olympics for use of Mackerel Cove Beach for the
25th Annual Penguin Plunge on January 1, 2001

The Town Administrator reported that this event is growing and she and
Chief Tighe have some safety concerns.
      Fire Chief Christman also noted his concern regarding the transport
and use of propane tanks at this event.
      It was moved by Councilor Littman, seconded by Councilor Amerigian
to table discussion relating to the Special Olympics until the Town
Administrator has had a chance to meet with Michael J. McGovern, Executive
Director.  So unanimously voted.

3)   Victualing License Renewal Applications:
  Applicants:

     Bay Voyage
     Chopmist Charlies
     Conanicut Yacht Club
     Cove Grille
     Cumberland Farms
     Del's of Jamestown
     East Ferry Deli & Market
     Freddie Bing's Hotdog Thing (cart)
     House of Pizza
     Jamestown Golf & Country Club aka: Caddy Shack
     Jamestown Oyster Bar
     Jamestown Xtra Mart
     McQuade's Supermarket
     Narragansett Café 
     Page's
     Peking Garden
     Portuguese American Citizen's Club
     Schoolhouse Café
     Spinnaker's Café (restaurant)
             "           "     (mobile unit)
     Theatre Family Restaurant
     Trattoria Simpatico

Following a discussion on the need for complete applications, it was moved
by Councilor Amerigian, seconded by Councilor Swain to approve the
Victualing License renewal applications as listed above, subject to the
resolution of debts, taxes and appropriate signatures.
      So unanimously voted.

4)   Multi License Renewal Applications:       
     Applicants:             Type:
     Alfred Bingell (House of Pizza)     Arcade License
     Chopmist Charlies          Entertainment (full year)
     Conanicut Yacht Club          Entertainment (full year)
     Narragansett Café          Entertainment (full year)
        "         "          Juke Box
        "         "          Pinball & Video Machine
        "         "          Pool Table
     Portuguese American Citizen's Club     Entertainment (full year)
        "         "          Juke Box
        "         "          Pool Table
     Trattoria Simpatico           Entertainment (full year)

It was moved by Councilor Amerigian, seconded by Councilor Swain to
approve the Multi License renewal applications as listed above, subject to
the resolution of debts, taxes and appropriate signatures.
      So unanimously voted.

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED

None

EXECUTIVE SESSION

It was moved by Councilor Amerigian, seconded by Councilor McIntyre to
adjourn into executive session at 8:30 PM, pursuant to RIGL 42-46-5 (a)(5)
(real estate) and pursuant to RIGL 42-46-5 (a)(2) (collective bargaining).
      The vote was, Councilor Littman, aye; Councilor Amerigian, aye;
Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed unanimously.

The Council returned to regular session at 9:25 PM.
      It was moved by Councilor Long Amerigian, seconded by Councilor
Swain to seal the minutes of the executive session.
       The vote was, Councilor Littman, aye; Councilor Amerigian, aye;
Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed unanimously.

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

2) Police contract negotiations, pursuant to RIGL 42-46-5 (a)(2)
(collective bargaining)

There being no further business before the Council, it was moved by
Councilor Littman, seconded by Councilor Swain to adjourn the Council
meeting at 9:30 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk