TOWN COUNCIL MEETING
Jamestown, Rhode Island
February 12, 2001

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
David Swain
Bruce W. McIntyre

Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Patricia L. Salley, Town Clerk Pro Tem
James Murphy, Town Solicitor
J. Christopher Powell, Conservation Commission Chair
Thomas Tighe, Chief of Police

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS
None
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

It is hereby given by the Town Council of the Town of Jamestown, being the
Licensing Board in said Town as provided under Title 3, Chapters 1-12 of
the General Laws of Rhode Island 1956, and as amended that the following
application has been received by the Town Council for license transfer
under said Act, for the year ending December 1, 2001:

TRANSFER:

CLASS B-VICTUALER

Midwest Electric, Inc.
dba: Bayview Bar & Grille
53 Conanicus Avenue, Unit 1R
TO:
James J. Thompson
dba: (undetermined at this time)
53 Conanicus Avenue, Unit 1R
NEW LICENSE:
James J. Thompson
dba: (undetermined at this time)
53 Conanicus Avenue, Unit 1R

Councilor Long opened the hearing for transfer of a liquor license from
Midwest Electric Inc. to James J. Thompson and referred comments to the
Town Solicitor.
      Town Solicitor Murphy then stated that he had just received a letter
dated today from Attorney John Coffey requesting that the license be
approved pending a successful real estate transfer.
      Town Solicitor Murphy recommended not granting a conditional license
transfer noting that the closing should take place before the transfer of
the liquor license.
      Attorney Coffey stated that the sale of the property was contingent
on the transfer of the liquor license and that if the license did not
transfer tonight, the closing would not take place.
      Mr. Mark Liberati, Attorney representing Mr. Thompson, stated that
the problem with this sale is lack of trust in the transaction.
      He stated that no closing would take place unless the Division of
Taxation provides clearance of all taxes and the town transfers the liquor
license.
      Town Solicitor Murphy stated that the license could be granted
subject to written approval from the Division of Taxation indicating that
all taxes were paid and a written consent to the Town Clerk that both
parties are satisfied with the conditions of the sale.

It was moved by Councilor McIntyre, seconded by Councilor Swain to grant a
Class B-Victualer License from Midwest Electric Inc. to James J. Thompson
for premises located at 53 Conanicus Avenue, Unit 1R with the conditions
that written approval from the Division of Taxation indicating that all
taxes are paid and that the Town Clerk receive written consent from both
parties that they are satisfied with the conditions of the sale.
      So unanimously voted.  Councilor Swain made it clear to all parties
that if the real estate transfer did not take place, the transfer was not
granted.  

CONSENT AGENDA

It was requested by Councilor Amerigian that item #1b be removed from the
consent agenda.
      Motion made by Councilor Long, seconded by Councilor Amerigian to
accept the consent agenda as amended.  So unanimously voted.  The consent
agenda consisted of:

1) Adoption of Council minutes:

a) 01/16/2001 Regular Meeting
b) 01/22/2001 Special Council Meeting
c) 01/30/2001 Special Budget Meeting

2)   Bills and Payroll

3) Copies of Minutes of Boards & Committee Meetings:

a) Zoning Board of Review (12/19/2000)
b) Jamestown Philomenian Library Board of Trustees (12/12/2000)
c) Planning Commission (1/3/2001)

4)   RICRMC Notices: 

a)   Notice

i) Ralph & Elisa Conte re:  to construct a recreational boating facility
located at plat 4/lot 107 East Shore Road

ii)  Domenic & Patricia Munafo re:  construction of a recreational boating
facility located at plat 3/lot 484, 1163 North Main Road.

5)   Abatements/Addenda Report of Tax Assessor

1) Adoption of Council minutes:

b) 01/22/2001 Regular Meeting

Councilor Amerigian noted that on page 3, first paragraph should be
corrected noting that services provided by the design engineers were
provided to the company he works for not his company.
      Also second paragraph to add "Narragansett Avenue" to help clarify
the project referenced.  On page 6, executive session Councilor Long was
not in attendance and should be corrected to state moved by Councilor
McIntyre.
      It was moved by Councilor Amerigian and seconded by Councilor Long
to accept the minutes as amended.  So voted.  Councilor Swain abstained.

EXECUTIVE SESSION ANNOUNCEMENT

It was moved by Council President Long, seconded by Councilor McIntyre to
enter into executive session pursuant to RIGL 42-46-5(a)(2) (collective
bargaining) to discuss status of contract negotiations with I.B.P.O Local
305.  So voted:  Councilor Long -aye, Councilor Amerigian - aye, Councilor
McIntyre - aye, Councilor Swain -aye, Councilor Littman - aye.
      Motion carried.

PUBLIC HEARINGS

An Ordinance relating to Prohibited Parking on Portions of Beach Street
and Lincoln Street in the Town of Jamestown
The Town Council of the Town of Jamestown hereby ordains that Section
18-27 (prohibited or restricted parking on specific streets) of the
Codified Ordinances of the Town of Jamestown is hereby amended to provide
and include the following:

Beach Street:  No parking on either side of Beach Street southward from
its intersection with Spindrift Avenue to its entrance to the Route 138
connector road.

Lincoln Street:  No parking on the north side of Lincoln Street westward
from its intersection with Conanicus Avenue for a distance of 100 feet.
This ordinance shall take effect upon adoption.

Gary Parker of 46 Green Lane questioned the Lincoln Street section of the
ordinance stating that residents have placed cardboard signs indicating
"no parking here" in front of their property and that passing this
ordinance would be for their best interest.  

Donna Cote, 82 Spindrift Avenue recommended extending the ban to Neptune
Street so that the ban would cover all the wooded area along Beach Street
where there are no homes.
      In another issue, she stated that she has had repeated problems with
noise from fisherman passing to get to the beach and that Shore Beach is
no longer just for Jamestown residents.
      She recommended posting the area for residents use only.

Mr. Julio DiGiando, of 63 Clarke St. stated that he was not in support for
the proposed ban on Lincoln Street.
      Ann Morris, 76 Nautilus Street stated that Nautilus Street and Beach
Avenue are dead ends and subject to break-ins.
      Chief Tighe indicated that this ban was for the North side of
Lincoln Street not the south side.
      In reviewing the ad, it was noted that the advertisement was
incorrectly advertised for South Side of Lincoln Street instead of North
Side.
      It was moved by Councilor McIntyre and seconded by Councilor Long to
re-advertise the ordinance and place the hearing on the next council
agenda.  So unanimously voted.  The public hearing was closed.

OPEN FORUM

1) Scheduled request to address - none

2) Non-scheduled request to address 

Mr. Victor Richardson discussed his problems with walking his dog along
the right-of-way and the end of High Street.
      Councilor Long stated that he thought that an agreement had been
reached between the two parties.
      Town Solicitor Murphy stated that he has sent a letter to Mrs.
Glassie and her attorney bringing their attention to this complaint.
      Chris Powell, Conservation Commission Chairman, stated that he has
contacted CRCM requesting an updated status on this issue.
      He suggested that the Town Solicitor send correspondence to CRCM.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report as attached to these minutes

----------------------------------------------------

Town Administrator Report

  February 12, 2001

The following report consists of items of general interest to the Council.
      I will be pleased to provide any additional clarification or
information you require.

Public Works

The Public Works Department has been very busy with snow plowing and
sanding.
      Over the past month the Town has experienced some type of winter
storm every ten to fourteen days.
      As of the most recent storm, the Town has almost exhausted it's snow
removal budget for this current year.
     This year's storms have been slow moving and have required a lot of
overtime.

Recreation

Matt reports rehearsals have begun for the Jamestown Community Theatre's
Spring production of "on Borrowed Time".

H.V. Holland has finished the installation of the ventilation system at
the Community Center.
      Jack's Electric has completed most of the electrical work-for the
system.
      This newly installed ventilation system will provide better
circulation of fresh air during the extremely warm summer months.

Tax Collector

Attached is the Tax Collector's report for the month of January.

Building Inspector

Fifty-three permits were issued in the month of January.
     There were sixteen Building permits and two certificates of
occupancy.

Planning

The Town Planner is finalizing the update of the Comprehensive Plan.
      Lisa Anticipates having the Planning Commission approve the document
at its March 21, 2001 meeting.
      Once the Plan has been approved by the commission, it will be
submitted to the Council.

Lisa has started the grant process for the 2001 Community Block Grant.
     Public Hearings will be held on February 15 and March 1,200 1. The
Council will approve the grant application at its April 9, 2001 meeting.

Fire

Chief Arthur J. Christman reports there were twenty-seven fire/rescue runs
for the period of January 16 through February 4, 2001.

Administration

Attached, please find a copy of the notice of hearing for the Fort
Wetherill Marina perimeter and expansion.
      As you can see, CRMC did not receive any comment from the public and
the staff is recommending approving our application.
      I will be attending this hearing with Town Solicitor Jim Murphy.

Steve Goslee, Councilman Swain, and I interviewed the five engineers who
Submitted proposals to design the rehabilitation of the Sewer Treatment
Plant.
     We narrowed the list down to three firms and would like the Council
to interview the three finalists.
      I would like to set a date for the interviews this evening.

With the continual rain/snow storms, the Town reservoir is steadily
rising.
      A recent measurement had the reservoir approximately twelve inches
below the spillway, with a steady stream of water entering the reservoir.
     Steve Goslee also noted, the color of the water in the reservoir is
very clear.

Attached is a progress report GZA GeoEnvironmental has sent to RIDEM.

For Council Consideration:

Set a date to interview the three finalists who submitted proposals for
the rehabilitation of the sewer treatment plant.

          ------------------------------------

a) Requested action by Council 

Town Administrator Maryanne Crawford reviewed her report with Council
members and requested action to set a date to interview the three
finalists who submitted proposals for the rehabilitation of the sewer
treatment plant.
      A tentative date was set for February 20, 2001 at 7:30 PM.
      A bid would be awarded at the February 26, 2001 council meeting.

Norma Willis of 1191 North Road asked if any engineering studies had been
performed.  Councilor Amerigian gave her some background information.  She
also asked if those study results were in the library for public viewing.
      Town Administrator assured her that it would be available at the
library for public viewing.

2) Town Solicitor -letter re:  Claim of John R. McCormick

It was moved by Council Amerigian and seconded by Councilor Long to accept
the communication from the Town Solicitor in reference to the claim by
John R. McCormick.  So unanimously voted.

3) Zoning Board of Review

a) One (1) vacancy for a regular member (term ending 12/31/2005), duly
advertised.

i. Request for reappointment* and letters of request

Richard Allphin* (regular member)
Robert S. Powers

It was moved by Councilor Amerigian and seconded by Councilor McIntyre to
reappoint Richard Allphin to the Zoning Board of Review for a term ending
12/31/2005.
      So unanimously voted.  Councilor Swain recused himself from voting.

4) Tree Committee

a) Letter from DEM  re:  Tree Warden Appointment 2001

b) Recommendation for Tree Warden

Discussion generated on the recommendation for Tree Warden by the Tree
Preservation Committee.
      Councilor Amerigian asked about his fees.
      Councilor Swain asked whether or not he would be using his own
equipment for town services.
      Mr. Brennan, Interim Chairman of the Tree Preservation Committee
stated that Mr. Nickerson would be acting only as a consultant to the
Public Works Department teaching them on how to properly prune trees and
that he would attend conferences.
       Councilor Long asked the Town Clerk to schedule an interview for
Mr. Nickerson on February 26, 2001 at 6:30 pm.

It was moved by Councilor Amerigian and seconded by Councilor Long to
accept the correspondence from DEM and the Tree Preservation Committee.
      So unanimously voted.

5) Beavertail State Park Committee

a) Two (2) vacancies exist (one (1) term ending 12/31/2002 and one (1)
term ending 12/31/2003); duly advertised

i) Request for appointment

Frank D. Meyer
John R. Bernardo, III

It was moved by Councilor Long and seconded by Councilor McIntyre to
schedule interviews for applicants to the Beavertail State Park Committee
on February 20, 2001.  So unanimously voted.

UNFINISHED BUSINESS

1) Approval of minutes from the January 8, 2001 meeting

It was moved by Councilor Littman and seconded by Councilor Long to accept
the minutes for the Council meeting held on January 8, 2001.
      So unanimously voted. Councilor Swain abstained.

2) Jamestown Conservation Commission 

Appoint Carol Craft as a voting member to replace Kevin Sutherland - Term
ending 12/31/2003

It was moved by Councilor Long and seconded by Councilor Amerigian to
appoint Carol Craft as a voting member of the Jamestown Conservation
Commission replacing Kevin Sutherland for the term ending 12/31/2003.
      So unanimously voted.

3) Jamestown Housing Authority

Letter from Sirje Carl  re:  Reappointment of Ernest Anthony

It was moved by Council Long and seconded by Councilor Amerigian to
reappoint Ernest Anthony a member of the Jamestown Housing Authority.
      So unanimously voted.

4) Jamestown Library Board of Trustee

One (1) vacancy -term ending 12/31/2003, duly advertised, if favorable,
for appointment -Letter of Request from Elaine L. Gotovich

It was moved by Councilor Long and seconded by Councilor Amerigian to
appoint Elaine L. Gotovich a member of the Jamestown Library Board of
Trustee for the term ending 12/31/2003.  So unanimously voted.

5) New Visions for Newport County Inc. Town Representative

It was moved by Councilor Long and seconded by Councilor Swain to appoint
Representative William H. Murphy as a member of the New Visions for
Newport County Inc. So unanimously voted.

6) Letter from Town Solicitor Murphy, re:  Verizon easement on Town owned
property on Howland Avenue. 

Town Solicitor Murphy reviewed with the Council the Verizon easement
indicating two (2) provisions that he was requesting for language changes:
 1) Grantee agrees to defend, indemnify and hold grantor harmless from
claims for damages and 2) to insure that Verizon complies with all town
ordinances.
      It was moved by Councilor McIntyre and seconded by Councilor Littman
to accept correspondence from the Town Solicitor and approve the easement
on town-owned property on Howland Avenue as he recommended.  So
unanimously voted 

COMMUNICATIONS

1) Letter from the RI 21st Century Labor Management Partnership

It was moved by Councilor Long and seconded by Councilor Amerigian to
refer to the Town Administrator this correspondence in reference to the RI
21st Century Labor Management Partnership.  So unanimously voted.

NEW BUSINESS

1) Letter from Donald Richardson  re:  Harbor Management Commission
Mr. Donald Richardson reiterated his concerns with the Jamestown Harbor
Management Commission and questioned who was responsible for maintenance
and upkeep of the town's infrastructure.
      Councilor Long expressed to Mr. Richardson that the Harbor
Management Commission workshop meetings has been discussing this issue and
that since he has attended those meetings, he was aware of their progress.

It was moved by Councilor Long and seconded by Councilor Amerigian to
accept the correspondence from Donald Richardson.  So unanimously voted.

2) Sunday Sales Renewal Licenses

a. Dutch Harbor Boatyard Inc.
b. Stonecraft Sterling
c. The Secret Garden

It was moved by Councilor Amerigian and seconded by Councilor McIntyre to
grant renewal of Sunday Sales Licenses to Dutch Harbor Boatyard Inc,
Stonecraft Sterling and the Secret Garden.  So unanimously voted.

3) Private Investigator License

a. Malcolm T. Brown

It was moved by Councilor Long and seconded by Councilor Swain to grant a
Private Investigators license to Malcolm T. Brown.  So unanimously voted.

4) RI Development Impact Fee Act 

Councilor Amerigian stated that he asked that this legislation be inserted
in the council's packets.
      He briefly explained the legislation and suggested that the Town
Administrator research other towns that have impact fees.
      He also suggested that she ask department heads for their input.
      It was moved by Councilor Amerigian and seconded by Councilor Long
to refer the RI Development Impact Fee Act to the Town Administrator and
ask her to research other towns, various department heads, Planning
Commission and ask the school department for their five- year plan.
      So unanimously voted. 

5) Claim from James C. Bennett

It was moved by Councilor Long and seconded by Councilor Amerigian to
refer this correspondence to the Town Solicitor.  So unanimously voted.

6) Invitation from North Kingstown Town Council to hold a joint meeting
Re:  Quonset Point Container Port

It was moved by Councilor Long and seconded by Councilor Amerigian to
attend this meeting for the Quonset Point Container Port.
      So unanimously voted.

OTHER COMMUNICATIONS

OPEN FORUM CONTINUED (if necessary)

EXECUTIVE SESSION

It was moved by Councilor Long, seconded by Councilor Amerigian to adjourn
into executive session at 8:35 PM, pursuant to RIGL 42-46-5 (a)2
Collective bargaining); to discuss status of contract negotiations with
I.B.P.O. Local 305.  
The vote was, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor Swain, aye; Councilor McIntyre -aye. 

 The motion passed.

The Council returned to regular session at 8:55 PM.
      It was moved by Councilor Long, seconded by Councilor McIntyre to
seal the minutes of the executive session.
      It was voted, Council President Long, aye; Councilor Littman, aye;
Councilor Amerigian, aye; Councilor McIntyre, aye; Councilor Swain, aye.
      The motion passed.

It was moved by Councilor Long, seconded by Councilor Littman to adjourn
the meeting at 8:56 PM.  So unanimously voted. 

Attest:

Patricia L. Salley
Town Clerk Pro Tem