July 28, 1997

A regular meeting of the Jamestown Town Council was called to order in the
multipurpose room at the Melrose Avenue School, 76 Melrose Avenue, at 7:37
PM by Council President Craig A. Amerigian with approximately 150 people
in attendance. The following Council 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
  Betty Hubbard, Planning Commission Chair
  Samuel Paterson, Harbor Master
  Quentin Anthony, Esq., Town Solicitor


1)   Application of Narragansett Water Pollution Control Assn.
     for a Class F Alcoholic Beverage License (08/20/97; Rembijas
Pavilion; not-for-profit organization; continued from 07/14/97): Motion by
Councilor Pease, seconded by Councilor Wright to grant the license,
subject to obtaining the signatures of all appropriate local officials.
     So unanimously voted.


Council President Amerigian asked that items #5 and 6 be removed from the
consent agenda.
     Councilor Murphy requested items #1a and 1b be removed. Motion by
Councilor Dolce, seconded by Councilor Pease to approve the remainder of
the consent agenda.
     So unanimously voted. The amended consent agenda consisted of:
2)   Bills and payroll
3)   Copies of meeting minutes of Boards and Committees
  a) Jamestown Housing Authority (06/12/97)
     i) Attendance report
  b) Library Board of Trustees (06/17/97)   
4)   Invitation to Annual Cocktail Reception (08/23/97) from the James L.
Maher Center
7)   Abatements/Addenda of taxes report of Tax Assessor submitted 07/24/97

1)   Adoption of Council minutes:
a)   06/23/97 (regular meeting)
b)   07/08/97 (work session re: proposed East Ferry pier extension)
Councilor Murphy asked for clarification regarding both items.
     Motion by Councilor Murphy, seconded by Councilor Wright to approve
adoption of both sets of Council minutes as presented. So unanimously

5)   Meeting announcement from the RI Department of Environmental
Management, Office of Water Resources (07/30/97) re: issues affecting the
surface waters, groundwater, and wetlands: Mr. Goslee indicated he would
attend the meeting.

6)   Notice of filing and public hearing from Eastern Utilities (Eastern
Edison Company) (08/06/97) re: electric industry restructuring proposal:
[Council President Amerigian questioned a pole location request later on
the agenda; Mr. Goslee indicated it was for two new poles.]

Motion by Councilor Wright, seconded by Councilor Murphy to approve items
#5 and 6. So unanimously voted.


Councilor Wright suggested that Council's rules and procedures for open
forum be adhered to.
     Councilor Murphy stated the structure of the agenda needs change,
that unfinished business should come up first with any appropriate input
at that time, then new business, then open forum; he would like Council to
think about it.

1)   Scheduled Requests to Address
a)   Gary Girard re: Jamestown Shores parking concerns (continued from
07/14/97; photographs submitted by Guy Settipane, Seaside Drive resident):
 Our concerns regarding the beach are excessive parking, bathing safety,
fishermen on the jetties, lack of sanitary facilities, dogs on the beach,
many nonresidents using the beach and parking on the streets; we would
like Council to reactivate the Jamestown Shores beach committee with
Matthew Bolles (recreation director) as Chair and charge the committee
with developing plans to resolve the problems, and have the dog officer
patrol the beach, and have the police to check periodically to be sure the
right of way to the jetty is open for safety vehicle access; our second
concern involves general parking issues: at the beach, under the
Jamestown-Verrazzano Bridge and at various rights of way along Seaside
Drive; adjoining private properties are being affected; we would like
Council to charge the parking committee with investigating and making
recommendations, and the appropriate agencies to enforce any ordinances
that may be therefrom developed. Councilor Wright: Put this on the agenda
for August 12.
     Motion by Councilor Pease, seconded by Councilor Murphy to reactivate
the parking committee and charge them as above, and reactivate the
Jamestown Shores beach committee with the particular focus of the beach
and surrounding area. So unanimously voted.

b)   David Willis representing the Harbor Management Commission (HMC) re:
East Ferry proposed pier extension: A lot of concerns were expressed
during the July 8 work session; RIDOT is ready to give a memorandum of
understanding but needs a letter from Council expressing the community's
concerns; there are not enough facts without that step to make an
intelligent decision; without the pier extension and Federal Highway
Administration (FHWA) funds, the costs for completion, repairs and other
projects will be funded by taxes (about $250,000 over the next 5 to 7

2)   Non-Agenda Requests to Address
Council President Amerigian stated that requests on subjects other than
the proposed extension of the steel pier would be heard first.

John J. Furtado: Why does the Town have to pay for painting the water
tower? Council President Amerigian: AT&T is paying $24,000 per year to
rent space on the tower, which goes into the water department budget and
offsets rates; the contract with the cable company has expired and
negotiations have not started.

Thomas E. Huntington: For safety reasons, the double yellow line on
Walcott Avenue needs to be moved and repainted. Councilor Pease: This is
scheduled in October; it is a state road.
     Council President Amerigian asked Ms. Shocket to see if they can
expedite it.

Mr. Furtado: We need an ordinance for pools; they should have fences
around them for safety reasons.
     Ms. Shocket: I believe we have an ordinance. Councilor Murphy asked
Ms. Shocket to tell the building official and police department to check
during their patrols, and specifically on Calvert Place (per Mr. Furtado's

Mary Webster: On Walcott, Avenue why is parking prohibited on the west
side and not the east? Councilor Murphy: That is existing state law; the
parking committee agreed with that restriction, to keep clear vision at
the streets entering from the west side.

Bertil Brodin: I endorse the need for a full time planner; we need someone
onsite with a daily handle on the Town's developments; a lot of grant
money can be brought by a planner.

  Proposed Extension of Steel Pier at East Ferry

Louis Sauzedde: I am opposed; we have seen incomplete plans; it is
unnecessary to have a pier like that for a 49 passenger ferry; there are
no businessmen proposing we need it; current business is teaming; parking
has not been addressed; the federal government would have control; I
suggest you use the existing pier to legitimize the use of that money; a
gigantic pier would be too much for the Town to maintain; we cannot
maintain what we have.

Jane Sprague: I am a minority stockholder of the Jamestown & Newport Ferry
Company, but am not speaking on its behalf; even if a larger ferry vessel
was acquired in the future, I do not envision moving to the steel pier;
however, I do support it the expansion; the ferry probably will not come
to fruition; there is no logical reason for people from the mainland to
come here to board a ferry; there probably will be stops on the mainland;
by the time this comes about, environmental problems of automobiles will
be solved; people will not give up their cars.

Richard H. Hutchinson: Isn't the HMC supposed to charge adequate fees to
maintain the infrastructure? Mr. Willis: The HMC was charged at its
inception with taking care of all Town waterfront facilities; most were in
a dilapidated condition at that time; engineering costs alone as part of
the repair permitting process are very high; we have raised fees as high
as we can; people are actually opting to moor elsewhere; this money would
protect what is there and create a revenue stream.

Donald A. Richardson: Does the Town realize any revenue from the steel and
wooden piers? Who pays for the utilities?  How much will the extension
generate, if ever built? Mr. Willis: That information is embodied in the
current lease and is public information.
     Mr. Paterson: The commercial fishermen and other lessees pay for the
electricity themselves.

Albert W. Gamble: I oppose the project, but commend the work put into it;
I suggest it be reworked and still get federal assistance; solve the
bulkhead problems without causing more problems; this proposal is against
the Comprehensive Community Plan and rural nature of the island.

Paul Levesque: Regarding the Planning Commission's recommendations to
Council the Zoning Board, it has no authority about dictating the size or
number of passengers a vessel can carry; the Town can only regulate the
landside activities; user fees should be raised to fund repairs of each
pier; it should not be funded by taxpayers.

Alexander Barclay Wharton: You are trying to mix too many uses; I do not
understand how this money funds repairs to the wooden pier; what are we
going to do in 20 years to maintain the new pier? We would be adding to
our maintenance problems; the HMC may have good intentions, but it is not
well thought out with the best interests of Jamestowners.

Russell F. Peterson: I have been asked by Spencer Potter to read his
letter (read aloud); we urge you to turn the money away, along with state
and federal control of our waterfront.

Mr. Huntington: I would not invest in the pier anticipating a ferry boat.

Mr. Furtado: Is Council going to vote or have a referendum? Council
President Amerigian: We will discuss that after open forum.

David Pritchard (HMC member): The wood pier is funded by the lessees; it
is sufficient to pay for repairs, but we do not separate that out; we
believe there is sufficient merit in the project to move forward; it
should perhaps be a democratic process; the intent of the HMC is not to
put liability on the taxpayers; the wood pier is unsafe in many ways
because of multiple, conflicting uses; commercial fishing has to be moved
to another dock.

E. W. Sterling Graham, Jr.: We are hearing repeated, unnecessary
emotionalism; nobody can predict future user fees; we should concentrate
on the merits and not discuss the ferry, which may never come to be.

Harrison M. Wright: If this dock is created, it may have the ferry as a
central issue, but be a guise for offsite parking for Newport.


1)   Town Administrator's report (attached hereto)
Water Supply: The reservoir is down 27.5"; this time last year, it was
down 16', and in 1995, it was down 49" and we obtained water from North

Sidewalks and Crosswalks: Councilor Murphy asked Ms. Shocket to have the
police enforce not blocking the sidewalk in front of the Jamestown Garage;
cars belong in the street; I also want input from the Police Chief
regarding the crosswalk at the Community Center.
     Ms. Shocket: I spoke to the state traffic commission; cones or
permanent fixtures are allowed, but not at corners; we could put it up at
our own risk; I will speak to the Chief.

2)   Conservation Commission
a)   Memorandum re: public rights-of-way to the shore recommendations  
b)   Copy of the 1992 Shoreline Access & Improvement Plan
Motion by Councilor Wright, seconded by Councilor Murphy accept both
communications and make them available to the parking committee and
Jamestown Shores beach committee. So unanimously voted.

3)   Town Solicitor
a)   Abandoned property on Cole Street (continued from 07/14/97): Mr.
Anthony: Council has a communication from me and Frederick Brown
(building/zoning official); I recommend Council direct us to contact the
owner and suggest to him new vehicles available under the zoning Act that
he will allow him to build in the future if he takes this structure down;
if that is not fruitful, we can revisit it at a later time.
     Motion by Councilor Murphy, seconded by Councilor Pease that Messrs.
     Anthony and Brown research and address the issue of being able to
demolish and rebuild at a later date.
     Emeline Cabral: If that happens, will he have to cut the grass? Mr.
Anthony: We do not have an ordinance governing that. So unanimously voted.

b)   Letter from M. Boris Rotman and Rosario Guzman-Rotman re: potential
hazardous situation on Boston Avenue (continued from 07/14/97): Mr.
Anthony: The Town relinquished all interest in Boston Avenue in a lawsuit
in 1980; the Clerk can send a letter explaining that the Town has no
municipal interest in Boston Avenue, and this is a civil matter.
     Motion by Councilor Wright, seconded by Councilor Murphy that the
Clerk send a copy of Mr. Anthony's letter to Mr. and Ms. Rotman and
Elizabeth Delude-Dix with a note that  they or their legal counsel can
respond to us by August 12. So unanimously voted.

c)   Amended Consent Agreement re: Quattrocchi (continued from 06/16/97):
Mr. Anthony stated he would present a preliminary report by the next
meeting (August 12).

4)   Planning Commission
a)   Memorandum re: proposed zoning ordinance amendments re: East Ferry
parking: Council President Amerigian: This could be discussed when the
other proposed amendments are considered. Motion by Councilor Wright and
seconded to accept the communication with thanks.
     Richard Allphin (Zoning Board member): I was told a year and a half
ago that the other proposed amendments would be done within a matter of
months; when will this be considered? Council President Amerigian: By the
end of the year.
     Councilor Murphy: what is pending? Ms. Hubbard: Open Space I and II
     Mr. Allphin: Also R-8 setbacks and administrative relief procedures.
Mr. Anthony: The Council and Zoning and Planning Boards need to organize
that into a formal presentation, ie. an ordinance; you could start with
Zoning and Planning submitting a joint letter to me and I will put it in
ordinance form.
     Ms. Hubbard: That was already done; it needs advertisement and public
     Motion so unanimously voted. Council President Amerigian: I will meet
with Ms. Hubbard to get back up information.

b)   Letter re: full time planner: Ms. Shocket: The Town received a
$50,000 grant toward the  Narragansett Avenue project with the
recommendation that $300,000 be granted in 1998; I will begin to advertise
for a full time planner, unless Council has any objection.
     Motion by Councilor Murphy, seconded by Councilor Dolce to accept the
letter. So unanimously voted.

c)   Memorandum re: term limits: Councilor Wright: There needs to be a way
to move people on and off boards; each group should give us a plan as to
how they will do that; we should write to each to ask them to prepare such
a plan for us to consider.
     Mr. Allphin: The Zoning Board operates at the pleasure of the
Council; it is not up to the Board to make a statement about rotation.
     Steven McInnis: My experience on Council was of having difficulty in
getting people to serve, not in getting them to move off.
     Councilor Wright: We should continue to ask boards about this as they
submit letters on vacancies.
     Motion by Councilor Wright, seconded by Councilor Pease to accept the
communication. So unanimously voted.

5)   Jamestown Housing Authority re: term limits

6)   Tax Assessment Board of Review re: term limits
Motion by Councilor Murphy, seconded by Councilor Pease to accept items #5
and 6. So unanimously voted.


1)   East Ferry proposed pier extension (continued from 07/08/97)
a)   Letter from Paul Levesque
b)   Memorandum from the Harbor Management Commission to RIDOT re: RIDOT
  i) Response from RIDOT
c)   Letter from Bertram Lippincott, Jr.
Council President Amerigian: There have been numerous meetings and work
sessions allowing ample public input, most of which has been negative
based primarily on parking, congestion and loss of control over downtown;
there is a curious absence of input from commercial or recreational
boaters and fishermen; I do not see a large group of people looking for
additional access; no one from Conanicut Marine Services or the Village
Association have appeared before us on it, other than those associated
with the existing ferry operator; I cannot support building a larger
facility when we cannot maintain what we have; there is a poor history of
revenue generation; my research on Jamestown's sales tax revenues indicate
a healthy, rapidly growing economy in Town; we are dealing with problems
created by visitors at every Council meeting; this would adversely affect
our quality of life; I do not support this project.
     Councilor Wright: I also oppose the proposal.
     Motion by Councilor Wright, seconded by Councilor Murphy that Council
vote on this subject at this time.
     Councilor Murphy: Not voting for this does not solve the existing
parking problem;  how did we get where we are? Council President
Amerigian: Our zoning does not address parking requirements for an
individual with a mooring; there is more activity than there is parking
     Councilor Dolce: I have been concerned about what information we were
receiving about this project and whether or not it has been slanted; one
of the reasons we need a Town Planner is to present the facts on
     Motion so unanimously voted. Councilor Pease: It would have been
premature to have a referendum in the past because we did not have a plan;
we do now.
     Motion by Councilor Pease, seconded by Councilor Murphy to determine
immediately what the federal requirements would be and let the people vote
on it.
     Council President Amerigian: My concern is not with any agreement of
the federal government, but with the impact on the community; we have put
enough time into this; the revenues garnered from East Ferry are less than
those received from the top of the water tower; we should vote tonight.
     Motion failed by two in favor, Councilors Amerigian, Dolce and Wright
opposed. Motion by Councilor Wright, seconded by Council President
Amerigian that we do not extend the steel pier.
     Councilor Pease: In loyalty to the members of the HMC and others who
will not subject themselves to this type of forum, I will vote no.
     Councilor Wright: Thanks are due to all involved for getting this
plan before us; they deserve our respect.
     Motion by Councilor Wright, seconded by Councilor Murphy to amend the
motion to state: to inform the RI Department of Transportation that the
Town has no interest in the FHWA money available for repair and extension
of the steel pier.
     Councilor Murphy: I am against the pier only because of unresolved
issues, but am prepared to vote tonight.
     Council President Amerigian: Most of the discension has not had to do
with the details of the project, but with the impact; in the past, public
sentiment was not given enough consideration on this subject; I appreciate
the HMC's efforts.
     Motion so voted by 4 in favor, Councilor Pease opposed. Council
President Amerigian called a recess at 9:55 PM, and the meeting was
reconvened at 10:05 PM.
     Motion by Councilor Pease, seconded by Councilor Murphy to accept the
communications regarding the proposed extension. So unanimously voted.

2)   Letter from Robert B. Boyer, PLS (Boyer Associates) re: Boston Avenue
(see VIII., 3b) (related to continuation of Rotman communication from
07/14/97): Motion by Council President Amerigian, seconded by Councilor
Pease to table this matter until August 12. So unanimously voted.

3)   Consideration of release of executive session minutes (continued from
05/27/97): Councilor Wright: We cannot discuss the appropriateness of
releasing these minutes except in executive session.
     Council President Amerigian: Put the consideration of these  minutes
on the September 8 agenda and the proposed  zoning ordinance amendments on
the September 22 agenda.
     Mr. Anthony: Executive sessions pertaining to personnel should be
discussed in executive session as matters of privacy; regarding all
others, take a good look at them before we get to the meeting.
     Councilor Wright: We can have freer and better discussion in
executive session; those minutes which are then released will be available
to the public within days.
     Mr. Anthony: I will review the law to determine if you can do that.


1)   Letter from Cheryl A. Serpa re: sidewalk regulations: Ms. Shocket: A
wall built to the road pavement has been dismantled; the building
inspector said flower beds do not extend to the road and pedestrian
passage is not impeded. Mary Greene: I live on Howland Avenue and there
are areas I cannot pass without going into the street; that is also true
on Windsor Street, Green Lane, and High and Clarke Streets.
     Ms. Shocket: The sidewalks on Howland Avenue go from Narragansett
Avenue to West Street on the west side and Narragansett Avenue to Hammett
Court on the east side.
     Charles Beauchamp: The public right of way appears to be 5 or 6' wide
on each side of the pavement.
     Ms. Greene agreed to give her list to Ms. Shocket. Ms. Cabral: Loam
and plantings are being placed on the sidewalk on Green Lane.
     Mr. Richardson: The property line does not go out to the road; there
used to be a dirt path sidewalk all along Howland Avenue; now there are
mounds of dirt and plantings going on top of them.
     Ms. Shocket: It has not been the Town's policy to take action unless
there is obstruction; I will review and report to Council.
     Mr. Anthony: I would prefer Council develop the habit of making
     Motion by Councilor Wright, seconded by Councilor Murphy to ask the
Administrator to review the complaints and report to Council with
recommendations. So unanimously voted.

2)   Letter from Raymond Safford re: tree removal: Ms. Shocket: If a tree
is a danger, we will take it down; Mr. Goslee has reviewed this twice;
although unattractive, this is not a danger; if the owner wants to take
trees down at his expense, that is another matter; the expense to the Town
would be considerable if the precedent is set.
     Motion by Councilor Pease, seconded by Councilor Wright that Ms.
Shocket or Mr. Goslee send a letter to Mr. Safford stating this is not a
hazard, but if he wants to remove the tree at his expense, the Town would
consider it with a release of all liability on the part of the Town.
     So unanimously voted.
3)   Letter from James A. Donnelly, Esq. re: Spencer Potter vs. Town of
Jamestown: Mr. Anthony: Mr. Potter has picked up my file; Council could
inform Mr. Donnelly to keep his file and continue to defend the Town.
Motion by Councilor Murphy, seconded by Councilor Pease to appoint James
A. Donnelly, Esq. as special counsel to represent the Town in the case of
Spencer Potter versus Town of Jamestown. So unanimously voted.

4)   Copy of letter from Andrew Yates, AIA to the Building Official re:
Jamestown Senior Center: Council President Amerigian: The building
inspector has certain latitude.
     Chief Christman: I have not seen the new plans in their entirety, but
I am satisfied with the elevator aspects.
     Councilor Wright: I will defer to Mr. Brown for building code
interpretation and compliance.
     Chief Christman: As of what I know now, they are alright with regard
to the fire code.
     Mr. Richardson: The building inspector has approved it. Steven M.
McInnis (Vice President of the Senior Center Trustees): The contract has
been signed with a fixed price; Mr. Yates had worked on the project
previously; we have a new architect; Mr. Yates has no involvement with
this project at this point.
     Mr. Yates: The stairs are irregular, creating landing irregularities;
egress is obstructed; the financial cap and the safety and welfare of the
seniors are concerns.
     Mr. Richardson: The elevator will be west of the lobby egress; the
contractor has been to all appropriate authorities and has received
     Ms. Hubbard: We have had many concerns with egress and safety, but
the Planning Commission review can only deal with the exterior of the
     Motion by Councilor Dolce and seconded to refer Mr. Yates' letter to
Mr. Brown for review. Motion by Councilor Wright, seconded by Councilor
Murphy to amend the motion to ask Mr. Brown to copy Council on his
response, if any, to Mr. Yates. Mr. Anthony: There is an appeal period
following the issuance of a building permit, which may already have
passed, and only certain people have a right to make that appeal.
     Amendment so unanimously voted. Main motion, as amended, so
unanimously voted.


1)   Request for permission from the Jamestown Striper Club to use the
north reservoir for their annual kid's fishing derby (08/02/97): It was
noted that this request was previously addressed at a Water and Sewer
Commissioners meeting.

2)   Request from the Jamestown Lions Club for permission to erect a
banner across Narragansett Avenue for Septemberfest (09/14/97): Motion by
Councilor Dolce, seconded by Councilor Pease to approve the request.
     So voted by 3 in favor, Councilors Murphy and Wright abstaining.

3)   Petition and consent from Newport Electric Company to erect and
maintain poles and wires  re: Fort Wetherill Road: Mr. Goslee: The cables
are coming underwater from Newport; they are replacing one of the cables;
it is heavier, so they need new poles; it is fairly urgent because one of
the lines to Newport is burnt out; they will come out and stake it.
     Council President Amerigian: The accompanying drawing is too small to
be legible.
     Motion by Councilor Pease, seconded by Councilor Wright to table the
request to the August 12 meeting, and direct Mr. Goslee to notify Council
members when the area is staked. So unanimously voted.

4)   One-day license applications:
Applicant        Type        Location    Date
*Jamestown Lions Club     Entertainment     Rembijas Pavilion 09/14/97
"       Victualing        "         "
"       Sunday Sales         "         "
*requests waiver of license fees (3)
Motion by Councilor Pease, seconded by Councilor Dolce to approve all
three licenses and waive the fees.
     So voted by 3 in favor, Councilors Murphy and Wright abstaining.

Parking Committee: Councilor Dolce: Mark Liberati had been Council
     Motion by Council President Amerigian, seconded by Councilor Pease
that the Administrator contact each of the previous members of the
committee to see if they are willing to continue to serve on the
reactivated committee.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease that Councilor Murphy be named as Council liaison on the
parking committee. So unanimously voted.


There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 11:07 PM.
     So unanimously voted.


Theresa C. Donovan, CMC
Town Clerk