June 23, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:31 PM by Council President Craig
A. Amerigian. The following members were present:
  David E. Dolce, Vice President
  William H. Murphy
  Fred F. Pease
  Ellicott Wright

Also present were:
  Frances H. Shocket, Town Administrator
  Theresa C. Donovan, CMC, Town Clerk
  Steven J. Goslee, Public Works Director
  Arthur J. Christman, Fire Chief
  Quentin Anthony, Esq., Town Solicitor


1)   Announcement of Public Work Session re: proposed Town (Steel) Pier
Extension (July 8 at 7:30 PM; Jamestown Community Center): noted

2)   Ratification of proclamation honoring Jamestown Graduates
3)   Ratification of proclamation honoring Ferry Days 1997 (06/21/97 and
Motion by Councilor Murphy, seconded by Councilor Pease to ratify both
proclamations as presented. So unanimously voted.


1)   Application of Jamestown Lions Club for a Class F (19 hour; beer and
wine) Alcoholic Beverage License (09/14/97; Rembijas Pavilion; not for
profit organization): Motion by Councilor Pease, seconded by Councilor
Dolce to grant the one day license subject to obtaining the signatures of
all appropriate local officials, and to waive the fee.
     So voted by 3 in favor, none opposed and Councilors Murphy and Wright


Councilor Murphy asked that items #1 and 2 be removed. Council President
Amerigian asked that #5 also be removed. Motion by Councilor Pease,
seconded by Councilor Wright to accept the consent agenda as amended. So
unanimously voted. The amended consent agenda consisted of:

3)   Copies of meeting minutes of Boards and Committees
a)   Jamestown Housing Authority (05/14/97)
b)   Planning Commission (05/07/97 & 05/21/97)
4)   Coastal Resources Management Council notices
a)   Finding of no significant impact: Francis Merciol to repair and
replace brick work on existing dwelling (Plat 12, Lot 85; 3 Grey Gull
b)   Finding of no significant impact: Herbert & Barbara Rammrath to
maintain an access path and bench area (Plat 13, Lot 37; 609 Beavertail
6)   Meeting notice from the U.S. Department of Commerce (07/15/97) re:
Census 2000
7)   Abatements/Addenda of taxes report of Tax Assessor submitted 06/19/97

1)   Adoption of Council minutes:
a)   06/02/97 (special meeting): Councilor Murphy: On the 7th line of the
paragraph titled "Town Solicitor" on page 1, the word "wanted" should be
changed to "expected".
     Council President Amerigian: On the 3rd line of the paragraph titled
"Probate Judge" on page 2, the word "comfortably" should be changed to
b)   06/09/97 (regular meeting): (no correction)  
Motion by Councilor Murphy, seconded by Council President Amerigian to
amend the minutes of June 2, 1997 as indicated. So unanimously voted.
Motion by Councilor Murphy, seconded by Councilor Pease to accept the
minutes of June 2, 1997 as amended and of June 9, 1997 as presented. So
unanimously voted.

2)   Bills and payroll: Council President Amerigian: What was the
expenditure to Powers, Kinder and Keeney? Ms. Shocket: It was for
clarification of the assistant finance director's position in March or
April at $120 per hour.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to accept bills and payroll. So unanimously voted.

5)   Resolution from the Town of North Kingstown re: Quonset Access Road
and Third Rail Improvement Program: Motion by Councilor Pease, seconded by
Councilor Wright to draft a similar resolution without stating that we
support it as the #1 project.  So unanimously voted.



1)   Scheduled Requests to Address
a)   "Concerned parents" re: skateboarding:
M.  Elizabeth Weibust: I represent parents seeking a safe site for
children to skateboard; it is a good activity; many parents are interested
in raising funds; other communities have done it; we have not yet formally
met, but need to know where Council stands on developing a site; the Town
would have to provide a site for us; it is a noisy activity; finding a
site and procuring insurance are the most important issues; raising funds
is of no concern; I have done it before for other activities.
     Susanne T. Reynolds: Most of us here have sons 14 to 15 years old;
the sport is popular with boys and girls ages 8 through early 20s; there
is already a large group of over 100 individuals who would use it.
     Ms. Weibust: Mary Blanton is here and organized Motion Madness, which
was held at the school on May 17; there was an enormous response; my son
attends skateboarding camp in the summer; safety equipment is used; this
is not a passing thing; because they cannot skate here, my 14 year old son
had to go to Newport to skate today; I feel badly about the disintegrating
relationship between our children and the police force; as a parent and a
teacher, I hate to see that.
     R. Deken Schmidt: I have two children who skate; I also inline skate
on the street; skateboarding is an excellent exercise.
Jerrold N. Rosenberg: Children need to respect police as someone they can
go to for help; right now, exactly the opposite is happening; the
ordinance is confusing; inline skaters and skateboarders are treated
differently from each other.
     Ms. Reynolds: Right now, the emphasis seems to be to keep
skateboarders out of East Ferry; the police are not stopping bicyclists
from riding on sidewalks, and that is prohibited by law.
     Joseph L. Murray: Several years ago, we turned our private tennis
court into a skate park; we wanted to offer an alternative to going to
Newport; skateboarding requires a lot of skill; the kids built the
facility themselves; although the activity was noisy, our neighbors were
terrific; it  became a center of activity and was a  wholesome thing;
after a year and a half, we felt our neighbors had had enough, so the kids
agreed to shut it down; I think the dead end at Eldred Avenue near the new
ballfield would be a great site for a park; if we do not provide something
for them, they will do it anyway; there are no houses near there, just the
highway, so noise should not be much of a problem. 

Gregory B. Hedberg: I support the park idea; it is a physical sport;
finding a place would prevent trouble; if getting them out of the downtown
area is the objective, developing a park will work.
     Councilor Murphy: Fort Wetherill and the school are locations
currently available.
     Ms. Reynolds: The school superintendent  said she had not been
approached by the Town, but that skateboarding is okay.
     Ms. Weibust: Fort Wetherill is  not a good location since there are
no curbs to use for tricks, and there is a lot of broken glass; liability
must be a problem at the school; when they are skating during school hours
it is too noisy.
     Ms. Reynolds: The town of Falmouth, MA is opening one July 1 behind
its police department; it is covered under the general liability insurance
which covers playgrounds; Coventry and Barrington are investigating
building parks; I have a list of all Town property and the corresponding
zoning; the cost is not going to be a big issue.

 Mr. Murray: Ramps had been built at Fort Wetherill, but they were hauled
     Council President Amerigian: There seem to be plenty of people
willing to serve on a committee; you should come up with a list of what
you are willing to do; Council is willing to listen; if the issue of
insurance can be pursued,  that would help.
     Councilor Wright: Given the appropriate site, over which we do have
control, and satisfactory insurance, I would be willing to see you move
ahead on this.
     Ms. Weibust: The kids are  very enthusiastic about working with us
and building it.
     Mary Ann Vieira: I have a stepson who went through the same problems
10 years ago; it is an enduring sport.
     Council President Amerigian: Appoint a chair for one person to be our
     Councilor Murphy: There have been concerns for vandalism of grass and
benches; we will convey to the police the need for uniform enforcement.
     Kathryn L. Koken: How do these people feel about the Clarke Street
facility? Mr. Murray: Their right to have fun does not give them the right
to impose on neighbors.

 Julie A. Kallfelz: My property abuts the Clarke Street facility; I would
appreciate parents talking to their kids about using this.
     Mr. Schmidt: My sons skate there; they have now built a ramp at four
different neighborhoods, as well as at the water tower and Fort Wetherill,
which have been removed; great deal of effort and expense; frustrated they
have not been able to build a ramp that has remained in place.
     Motion by Councilor Pease, seconded by Councilor Murphy that the Town
Council officially recognize a  group of residents to organize with the
goal of developing a skateboarding facility, with one member of Council to
serve as liaison.
     So unanimously voted. Councilor Pease volunteered. Mr. Rosenberg: In
the meantime, can they skate anywhere? I want to reduce the interaction
with the police; confiscating boards is part of the problem.
     Mr. Anthony: That is a police matter; Council can ask the police
department what their policy of enforcement is and work from there.

 Ms. Reynolds: (quoted from Council's policy letter as voted on April 22,
1996): Skateboarders are being treated differently and the emphasis seems
to be on the East Ferry area.
     Mr. Anthony: Council generally acts through ordinances and that is
what the police enforce.
     John P. Preece: I am concerned about police interpretation; my tenant
told me she called the police twice today regarding noise and they refused
to come; there are no reports because they are not responding; using a
sound level meter, I could measure 95 decibels inside the house at 33
Clarke Street with 2 skaters using the neighbor's ramp.
     Ms. Kallfelz: Has there been any progress since the last meeting?
Council President Amerigian: The language regarding nuisances in the dog
ordinance is more specific; it seems to speak to the repetitive nature of
the noise problem; perhaps that could be used as a model for amendment.
     Mr. Anthony: I would recommend Mr. Preece call me and explain the
different kinds of sounds so I can put something together (Mr. Preece

b)   Charlotte Richardson, Friends of the Jamestown Seniors, Inc.,
regarding Senior Center Elevator: We are ready to proceed with the
construction of the addition and elevator; we have met all state, federal
and local conditions; zoning approval and building code relief were
obtained on July 24, 1996 for one year, unless extended; our subcommittee
is reviewing the construction contract; no action is needed from Council;
we just wanted to apprize the new Council of the project's status and
extend our appreciation to all involved. Donald Richardson: We are also
asking Council to give final permission to build the elevator in the front
of the building; it had originally been planned for the west side, of
which prior Council was aware; it was suggested that Council permission
for the relocation be obtained. Motion by Councilor Murphy, seconded by
Council President Amerigian to approve the proposed elevator's new
location in the front of the senior center on the south side of the
     Gerald Barrette: We are seeking your approval of the location of the
new elevator tower and fire proof stair case.
     Betty Hubbard (Planning Commission Chair): The Planning Commission
gave its approval; we never saw state approvals, but the architect said it
was done and the building official said he was satisfied. Councilor Murphy
withdrew his motion.
     Motion by Council President Amerigian, seconded by Councilor Pease to
draw up a short resolution giving our support to the project.
     Chief Christman: This is a satisfactory conclusion; they need to
complete the project. Motion so unanimously voted.

2)   Non-Agenda Requests to Address
Vernon F. Parker, Jr.: Will the country club be discussed tonight?
[Clerk's error; was supposed to have been continued from June 16 work
session.] Councilor Murphy: Since it was not on the agenda, we are not
prepared to discuss it tonight.
     Motion by Councilor Pease, seconded by Councilor Dolce to table until
the July 14 meeting. So unanimously voted.


1)   Town Administrator's report (attached hereto)
Uncollectible Taxes: Councilor Dolce: There is a firm that will collect
for a 25% commission; these are probably mostly tangible property; I
strongly recommend that we explore that possibility.
     Ms. Shocket: It is mostly for motor vehicles or defunct businesses.
Council consensus: Ms. Shocket to obtain further information about the
collection agency and report back.

Real Estate Revaluation: Council President Amerigian: We need more
information on statistical updates.
     Councilor Dolce: The proposal includes the State funding statistical
updates every three years, and municipalities do it every nine years; the
process tracks sales and uses them to keep values up to date; eventually,
properties will be valued on a yearly basis, with opportunities for

Dr. Veeger's Groundwater Report: Council President Amerigian: Should we be
publicizing this information? Mark E. Liberati: The impression I received
from her was not to react too strongly to the preliminary report, but to
wait for the final report.

Time Sheets: Ms. Shocket: I used Corel Suite software to produce a
     Councilor Murphy: When will you implement? Ms. Shocket: We can start
next week if Council wants.
     Councilor Wright: I would like to see a trial period to assess its
management and success.
     Councilor Dolce: It needs more consideration before implementing.
     Council President Amerigian: Less detail is needed. The Administrator
is to return to Council a consolidated time sheet with allocations for
highway, water and sewer.

Block Island Property Transfer Tax: Council President Amerigian: There is
a lot of wording in our comprehensive plan to support a similar tax in
     Ms. Shocket: Before the next legislative session begins, I could
speak to our legislators to see what they think of its possibilities.

Southwest Avenue: Ms. Shocket: Viewing the sewer main through televising
will cost about $3500.
     Motion by Councilor Pease, seconded by Councilor Wright to spend up
to $3,500 to conduct television viewing of the Southwest Avenue sewer
main. So unanimously voted.

Police Grant: Motion by Councilor Wright, seconded by Councilor Pease to
authorize the Town Administrator to spend $540 to match the block grant
awarded to increase police presence in the downtown area in the summer.
     So unanimously voted.

Proposed Tree Ordinance: Ms. Shocket: This is still in the draft stage,
but the essence of the ordinance is done.
     Council consensus: wait on any action on the tree warden until after
the ordinance is advertised and approved.

2)   Planning Commission
a)   Proposed dates for joint work session: Motion by Councilor Murphy,
seconded by Councilor Dolce to conduct a joint work session with the
Planning Commission on June 30 at 7:30 PM at Town Hall. So voted.

b)   Proposed purchase of "Jamestown Garage": Council consensus: will
discuss at the work session.

3)   Parking Committee report (Mark E. Liberati, Chair; referenced June 20
report): There is an extreme safety situation on Walcott Avenue; the
report includes a petition of residents seeking parking limits, as well as
statements from the fire and police chiefs; we are not asking that Council
pass new laws, but to enforce what the law is; we need the Council to
affirmatively state that they want existing statutes supported and
enforced, specifically, no overnight parking on state highways, and no
parking on the west side of Walcott Avenue from Union Street to High
Street; we are asking that Council give a clear signal to the police
department that you would like these laws strictly enforced. Ms. Shocket:
The prohibition in the Jamestown code which prohibits overnight parking on
every street is not currently enforced; what is being asked is enforcement
on one side of the street on one state road.
     Mr. Liberati: We do not want greater levels of bureaucracy than
necessary; please enforce existing statutes on Conanicus and Walcott
Avenues due to the serious safety issues of that area.
     Councilor Wright: What about Narragansett Avenue, which is about the
same width? Parking is not the sole problem; speeding is part of it.
     Mr. Liberati: There is a quantum differences in the type of traffic
on each of those roads, as well as the steep, curving slope of Walcott
     Chief Christman: You have to be proactive; the Walcott Avenue area is
seriously congested; we have a problem with access of emergency vehicles
with parking on both sides.
     Gary A. Girard (member): The Parking Committee was charged with
looking at parking, not speeding; the first step is asking the police to
enforce existing parking laws and put up signage.
     Darcy Magratten (member; presented photographs): There is one car
there that has been there for days; it is wrapped in Tyvek paper and duct
tape; the pictures show many consecutive cars crossing the center yellow
line while cutting the corner; Walcott Avenue is a residential area.
     James D. Wharton: If a tragedy occurred and the Town is sued, would
we be liable because we failed to maintain a safe highway situation? Mr.
Anthony: That is a complicated question, to which I do not have an answer;
any law on the books should be enforced or repealed. Ms. Magratten:
Eliminating parking on the west side of Walcott Avenue would lose
approximately 25 spaces; about 22 spaces are used at the Bank of Newport;
the demand on that private property will become greater.
     John B. Parsons: Are our fines sufficient to deter violation? Mr.
Girard: The fine is $25 for each offense, and the police can also tow the
     Ms. Hubbard: William Munger said there are 120 private moorings out
in that field which are depending upon public parking according to their
mooring permit applications; many of those boaters are Jamestowners.
     Mr. Girard: The committee felt we should try enforcing this ordinance
for one season and evaluate the results.
     Mr. Anthony: The state traffic engineer said they regulated the west
side from Brook Street to High Street, subject to Town Council approval;
if Council agrees, it should indicate its support of the State's
regulations; this area was not previously regulated until last Wednesday;
making Brook Street one way would require an ordinance.
     Motion by Councilor Murphy, seconded by Councilor Dolce that the
Administrator send a letter to the State endorsing their parking ban on
the west side of Walcott Avenue from High Street to Brook Street.
     Ms. Shocket: Should we begin enforcing the overnight parking
regulations with warning tags? Council consensus: no objection, but leave
to the discretion of the police department.
     Mr. Anthony: The parking ban from Brook Street to High Street will
not be enforceable for another 20 days in accordance with the state
registration process.
     Ms. Shocket: We will not issue citations until signs are in place.
Motion so unanimously voted. Mr. Liberati: We also suggest a crosswalk at
Brook Street to

4)   Street Light Committee report (Starboard Street; continued from June
9): Councilor Murphy: We met at the intersection; police chief said no
accidents have been reported there; the Comprehensive Community Plan calls
for no additional street lights except on major thoroughfares; there are
some lights up there; we would suggest moving the  light from the pole on
the straightaway (#14?) on Spanker Street to the pole on the corner of
Spanker Street and Starboard Avenue (#13).
     Angelo Pizzi: Doing that would not accomplish much; that plan reduces
the security for the person closest to the light on #14; you would better
off leaving it where it is.
     The Street Light Committee will revisit and report.


1)   Water Use Restrictions (continued from June 16 Water and Sewer
Commissioners meeting): (Administrator distributed measurement report;
reservoir down 9" today.) Chief Christman: You accomplish nothing by
reducing pressure.
     Councilors Amerigian and Murphy disagreed. Chief Christman: It
becomes a real problem if we have to fight a fire.
     Councilor Murphy: I recommend stepping up conservation by enact
earlier restrictions, while maintaining pressure for fire safety purposes.
     Mr. Goslee: With the current weather pattern, this could be a tough
year; in 1993 it only took one month to get us in trouble.
     Councilor Wright: I support steps #2, 3 and 4 to be in effect
immediately, but not reducing water pressure.
     Following lengthy discussion, motion by Councilor Murphy and seconded
to amend the water conservation regulations.
     So unanimously voted. Motion by Council President Amerigian and
seconded to restrict outside water use to odd and even days for
residential use effective immediately and, upon retyping of the amended
regulations, public notice is to be given by advertisement.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian to conduct a special meeting of the Board of Water and
Sewer Commissioners on Tuesday, July 8 at 7:00 at the Community Center to
review the water conservation regulations. So unanimously voted.


1)   Letter from Stephen and Kae Geller (50 Green Lane) re: Mechanics'
Lien filed by Jeff Katz with the land evidence records: Motion by Council
President Amerigian, seconded by Councilor Pease that the Clerk send a
letter informing the Gellers that this is a civil matter. So voted.

2)   Letter from David B. Willis re: request for return of packages
submitted for Town Solicitor position: Council consensus: will return all
that are available; Councilor Wright said he had thrown his copy out, but
would be willing to reimburse costs.

3)   Letter from the Women's Resource Center re: donation: Motion by
Councilor Murphy, seconded by Councilor Dolce to award $500 to the Center.
     So voted.

4)   Copy of letter from John Quattrocchi to Town Solicitor re: street
access to Plat 2, Lots 44 and 45 (Prospect Street): Mr. Anthony: There is
no need for any action; Council will have a letter from me in Wednesday's
     Motion by Councilor Murphy, seconded by Councilor Wright to accept
all four communications. So unanimously voted.


1)   Letter from Ed Connelly, Chair of the Veterans Memorial Square
Committee re: Town Council representative: Motion by Councilor Pease,
seconded by Councilor Wright to appoint Councilor Murphy as
     So unanimously voted. Mr. Connelly: Are there any watering
alternatives for the new sod at memorial square? Councilor Murphy: Check
with William Munger about the possibility of using the water he hauls in.
     Mr. Connelly: Skateboarding is vandalizing the benches at East Ferry;
I am concerned about restitution; a great deal of expense is being

2)   Requests from the Jamestown Yacht Club
a)   Permission to hold 20th  Annual Fools' Rules Regatta at East Ferry
Town Beach (08/23/97)
b)   Permission to erect a banner across Narragansett Avenue (08/08
through 08/25/97)
Motion by Councilor Pease, seconded by Councilor Murphy to grant
permission for both requests, as long as the banner is strung from and to
private property and not utility poles.  So unanimously voted.

3)   One-day license application:
Applicant        Type     Location       Date
Jamestown Lions Club*  Peddlar  Mackerel Cove Beach  07/02/97
*requests waiver of license fee
Motion by Councilor Pease, seconded by Councilor Dolce to grant the
license and waive the fee, subject to obtaining the signatures of all
appropriate local officials.
     So voted by 3 in favor, none opposed and Councilors Murphy and Wright

4)   New license application:
Applicant        Type        Location
Joseph Barth
dba Cynara       Sunday Sales      95 North Road
Motion by Councilor Pease, seconded by Councilor Wright to approve grant
the license, subject to resolution of taxes and debts and obtaining the
signatures of all appropriate local officials. So unanimously voted.

Legal Services: Council President Amerigian: When Mr. Anthony was
appointed, we discussed the option of him doing labor negotiations for
contracts, or continue to use Daniel Kinder, Esq. for that; also, we did
not resolve when Mr. Kinder would be called in, for what situations, or
what portion of the budget Mr. Anthony is responsible for. Ms. Shocket:
Using Powers, Kinder and Keeney ultimately resulted in cost savings to the
Town, but Mr. Kinder was originally engaged so the Town would have someone
who specializes in labor negotiations sitting across the table from others
who specialize (unions' attorneys); that began in 1992; it is not uncommon
in this state to have the solicitor as well as the labor attorney for
negotiations; Mr. Kinder's services were retained initially for
negotiating contracts; when the contract implementation came to be, he had
more familiarity with those provisions; in the Council proposed and passed
budget, $40,000 was budgeted  for the solicitor, between $30,000 and
$35,000 for labor negotiations, and about $5,000 for the RI League of
Cities and Towns for specific litigation; he has compiled information as
to what has been accomplished with the police contract; I can get it for
the other two contracts, but I do not know what the fee might be for doing
     Mr. Anthony: Through the 12 years I was here, I did a minimum of
labor negotiations; the Administrator did most of it; my associate, Mary
Jo Carr, Esq., did it for 7 years in Newport; under the Town Charter, the
solicitor is charged with the overall legal counsel for the Town; in the
event of some kind of conflict, I would advise Council; if any matter
exceeds the capabilities of my office, we will advise you as
     Ms.  Shocket: Mr. Kinder also works for the towns of  North Kingstown
and West Warwick, and the city of  Newport; I can get a list from him; his
work with us has been ongoing to handle personnel issues; that arrangement
worked well with the prior solicitor; he, Mr. Kinder and I were
comfortable with that; if that policy is changing, I need that clarified.
Councilor Wright: I think Mr. Kinder did a great job, but we have a
solicitor and I think we should follow his advice.
     All Councilors agreed. Councilor Murphy: The use of Mr. Kinder's
services should come from Mr. Anthony; he is responsible for his budget.

Councilor Murphy distributed a list of his goals and objectives to Council
members,  the Administrator and Clerk.


There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Dolce to adjourn the meeting at 11:09 PM.
     So unanimously voted.


Theresa C. Donovan, CMC
Town Clerk