September 22, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:38 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
  Arthur J. Christman, Fire Chief
  Betty Hubbard, Planning Commission Chair
  J. Christopher Powell, Conservation Commission Chair
  Quentin Anthony, Esq., Town Solicitor


Motion by Councilor Pease, seconded by Councilor Wright to approve the
consent agenda as presented. So unanimously voted. The consent agenda
consisted of:
1)   Adoption of Council minutes: 09/08/97 (regular meeting)
2)   Bills and payroll
3)   Letter from Johnson & Wales University re: second annual "Worldwide
Lessons in Leadership Series"
4)   Invitation from New Visions for Newport County, Inc. (09/30/97) re:
retirement of Bob Healey, Executive Director
5)   CRMC notices:
  a) Findings of no significant impact:
     i) David Piccoli to repair roof (Plat 7, Lot 70; 38 East Shore Road)
     ii)   Walter and Diane Wallace to construct additions, install an
in-ground pool, deck, replace roof shingles, siding and windows (Plat 2,
Lot 102; 32 Orient Avenue)
     iii)  Richard H. Hutchinson to replace roof shingles (Plat 10, Lot
125; 4 Fort Wetherill Road)
     iv)   Mr. and Mrs. Holmes to construct a bank walkover structure
(Plat 2, Lot 100; 14 Holmested Court)
b)   Assent: Newport Electric Corporation to install new "Primary Backup"
submarine electric cable and new fiberoptics communications cable between
Newport and Jamestown
6)   Copies of meeting minutes of Boards and Committees
  a) Tax Assessment Board of Review (09/10/97)
  b) Jamestown Housing Authority (07/09/97 & 08/13/97)
7)   Library Board of Trustees (07/22/97 & 08/11/97)


1)   Scheduled Requests to Address
a)   David Butterfield, Groundwater Quality Study Committee chair and Dr.
Anne I. Veeger, University of RI, Department of Geology: Mr. Butterfield:
The committee was formed two years ago through the Council and Planning
Commission and consists of Richard Waters, Charlotte Zarlengo, Brian Wolf,
Lauren Baker-Hart and William Brennan; Dr. Veeger and graduate students
William Abrahams-Dematte, Scott Michaud and Jennifer Sandorf did most of
the work, and the Town funded the study.
     Dr. Veeger: (submitted summary and draft  presented (written) We
would like work session at another time to discuss this in greater detail,
but the summary is that we sampled 122 wells in the north end with the
intent to investigate the impact of land use on water quality (presence of
nitrates, coliform bacteria and chloride); Jamestown Shores showed
significant incidence of nitrates and coliform bacteria; there were also
some instances of chloride concentration, which could indicate saltwater
intrusion; the current level of development has already had an impact,
which should be considered when considering further development; our
recommendations are that the Town establish a management district (the
problem is housing density, not malfunctioning septic systems), have a
Town representative attend an ISDS training course, the Planning
Commission should no longer use RIDEM ISDS regulations as a zoning tool
(technology is such that "unbuildable" lots will become buildable, if not
so already), not installing sewers (the well water source is a mixture of
septic effluent and precipitation, so taking the effluent away would thin
the freshwater lens), and provide educational materials to homeowners.
     Motion by Councilor Wright, seconded by Councilor Murphy to accept
the report with great thanks to the authors and the committee.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to scheduled a work session for November 17, at a location
to be announced, following the Water and Sewer Commissioners meeting,
which begins at 7:30 PM. So unanimously voted.

c)   Susanne Reynolds and Beth Weibust representing Jamestown Friends of
Skaters re: proposed skate recreation area: Ms. Weibust: At least 9
communities in RI are looking at skating facilities; the insurance issue
is nearly complete; various sites were explored, with the Lawn Avenue
recreation field (northwest corner of the soccer field directly behind the
Melrose School) being the most favored; the materials used make the
difference regarding noise (concrete vs. wood); we need 15,000 square feet
blacktopped; we will do the fundraising, but need a designated site; we
would like to get this going for next summer.
     Mary  Lovegreen: Fairhaven's (MA) facility was expensive because of
the drainage system; they flood it in the winter for ice skating.
     Council President Amerigian: This needs to go before the School
     Ms. Weibust: We are on their agenda for October 16. Council President
Amerigian: The Building Official thinks this requires a special use permit
through zoning, so a public hearing would be necessary.
     Ms. Reynolds: We would like an open informational meeting to begin
with; we have a video to show.
     Council President Amerigian: We can have a work session after you
meet with the School Committee; if the School Committee and the neighbors
do not have a problem with the location, neither do I. Motion by Councilor
Pease, seconded by Councilor Murphy to conduct a work session on
Wednesday, October 29 at a location to be announced and encourage the
committee to continue in its search and wish them well with the School
Committee. So unanimously voted.

Carl Bednarczyk: (unscheduled speaker) The impact of municipal wells on
the water supply is a concern; you would be drawing 60 to 100 million
gallons out of the north end for municipal users, which will eventually be
dumped into the ocean; my main concern is the amount of water projected to
be taken out of north end and distributed elsewhere.
     Council President Amerigian: We will have to address that at the
groundwater work session on November 17; I have the same perception of Dr.
Veeger's remarks and the possible impact.

b)   Fred C. Clarke, Jr. re: proposed ordinance prohibiting the rental of
mopeds and other motorized vehicles (taken out of order due to late
arrival): I suggest the Town pass an ordinance prohibiting the rental of
mopeds in Jamestown; my recent visit to Block Island was pleasant except
for the mopeds; residents do not like it, but the courts would not allow a
restrictive ordinance after the fact; now is the perfect opportunity for
the Town Council to act; I would also add personal water craft to my list;
there are already enough that are  individually owned and operated; we do
not need rental operations.
     Motion by Councilor Wright, seconded by Councilor Pease to refer this
to the Solicitor to investigate the legality and possibility of
prohibiting rentals of mopeds, water craft and snowmobiles.
     So unanimously voted.

2)   Non-Agenda Requests to Address: (none at this time)


1)   Town Administrator's report (no written report)
The CRMC meeting regarding proposed aquaculture regulations is scheduled
for September 23, which will be attended by some members of Council, Mr.
Powell, and representatives of the Harbor Management and Planning
     I have supplied an informational report from the Planner regarding
the ambulance facility, as well as John Caito's report regarding the
proposed relocation of the highway department facility to Taylor's Point.
     Bids were received for the upper level of the country club.
     The filming of Rum Runner has been postponed, and may begin as late
as February, 1998.
     Since property owners on Mast Street are divided as to a street light
replacement, I will ask Eastern Utilities to trim the brush around it as
step one to see if that helps.
     Heating/ventilation/air conditioning repairs at the library will be
paid by them; the roof also needs about $9,000 work of work so the
warranty will be in effect, and they would like $3,200 of the public
buildings fund toward that repair; this may involve litigation, but needs
to be done before winter or they risk further damage.

a)   Interim Town Planner's report re: Ambulance Association's building
renovation/relocation (continued from 09/08/97): Motion by Council
President Amerigian, seconded by Councilor Pease to schedule a special
meeting on September 29 at 7:30 PM at Town Hall to discuss the ambulance
barn, and the aquaculture issue, if necessary. So unanimously voted.

Motion by Councilor Murphy, seconded by Council President Amerigian to
allocate $3,200 out of the public buildings maintenance and repairs
account for repair to the library roof. So unanimously voted.

Responding to Councilor Murphy, John Caito clarified that he has an
interest in property that abuts the transfer station property (alternate
proposed site for highway department facility).

b)   Formation of Golf Course Oversight Committee: Motion by Council
President Amerigian, seconded by Councilor Pease that Councilor Murphy
work with Ms. Shocket on a proposed charge for Council's October 14
meeting. So unanimously voted.

2)   Town Solicitor re: Amended Consent Agreement re: Quattrocchi
(continued from 09/08/97): Council President Amerigian: We have been
advised that you will need $3,500 more to get to the point to find out
what sort of action, if any, can be taken to reverse this action; would
the cost of proceeding with those actions be along the same order as the
first lawsuit? Mr. Anthony: Until you commit to a full report, it is
unfair to expect a projection of a legal budget; I do not know where a
review will lead me.
     Councilor Wright: Was the granting of 9 connections precedent
setting? Mr. Anthony: I am not prepared to answer that; $3,500 more will
give you a report.
     Councilor Wright: Whether it can be used as precedent or not is key
to me; if $3,500 would include an answer to that, I would approve it.
     Councilor Murphy: I want to know answers and options, and I support
the expenditure.
     Ms. Shocket: If approved, will it come from the general fund or water
and sewer budget? There is no budget for water and sewer legal services.
     Councilor Pease: With the first $1,500, I thought we were starting
with the question of how much would it cost first, then work from there.
     Mr. Anthony: That is not the way I remember it. Council President
Amerigian: I am not ready to vote on this now; I would like to know more
about the separation of enterprise funds.
     Robin Yoffa: Where did the original money come from? Council
President Amerigian: The Town's fund; there may be a significantly larger
     Richard Allphin: Would the additional expenditure get you a precedent
opinion and whether or not the decision could be turned around? Council
President Amerigian: Yes.
     Milton Bickford: Where does the project stand now? Ms. Hubbard: It is
on next Planning Commission agenda (October 1).
     Mr. Powell: The spent a lot of money to defend its position and win
originally; if you hold off too long now on a decision about whether or
not to move forward, could that affect our legal stance? Councilor Dolce:
I support voting on it tonight; lost time is a concern.
     Councilor Wright: I would like some time to think about where the
money is gong to come from.
     Motion by Councilor Murphy, seconded by Councilor Dolce to authorize
an additional payment of $3,500 to the Solicitor to complete his report,
with funds to come from the Town's general fund.
     So voted by 3 in favor, Councilors Wright and Pease opposed.

3)   Town Clerk's request for a policy for access to public records: Mr.
Anthony: I spoke to Ms. Donovan and would only suggest adding the
following language  to #6: "All other costs in connection with the
production of public records shall be charged at the rate billed to the
Town."; the Town should not absorb the cost of complying with compliance
with the Access to Public Records Act.
     Motion by Councilor Wright, seconded by Councilor Murphy to approve
the policy and form as submitted, with the amendment as stated to item #6.
     So unanimously voted.

4)   Reports from Town Solicitor and Conservation Commission re: Plat 5,
lot 287 (offer of donate land to Town) (continued from 09/08/97): Mr.
Powell: This is wetlands; the Conservation Commission recommends
     Mr. Anthony: I see no problem with accepting it. Motion by Councilor
Murphy, seconded by Councilor Wright to accept the offer of land.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Pease that the Solicitor is to communicate same to property's
owner. So unanimously voted.

5)   Copy of letter from the Town Clerk to RI Special Olympics re: Annual
Penguin Plunge at Mackerel Cove Beach: Motion by Councilor Murphy,
seconded by Council President Amerigian to accept the copy and
     Ms. Shocket: I will also provide an accounting of costs to the  Town
(i.e. police overtime) and include the Police Chief's recommendations, if
any. Motion so unanimously voted.

6)   Tax Assessment Board of Review re: completion of hearings of appeals
for the fiscal year ended February, 1998: Motion by Councilor Wright,
seconded by Councilor Pease to accept the report with thanks.
     So unanimously voted.

7)   Harbor Management Commission (HMC) re: proposed Zoning Ordinance
Amendments related to potential ferry service and parking: Motion by
Council President Amerigian, seconded by Councilor Pease to direct the
Administrator to communicate with the HMC chair and Dennis Nixon to bring
their concerns to the Planning Commission. So unanimously voted.

8)   Planning Commission re: proposed lighthouse center and museum: Motion
by Councilor Wright, seconded by Councilor Murphy to reject the
possibility of having a national museum at Beavertail State Park because
we feel the location is inappropriate, but to thank Senator Chafee for
considering Jamestown. So unanimously voted.

9)   Library Board of Trustees: Motion by Councilor Pease, seconded by
Councilor Dolce to advertise two vacancies. So unanimously voted.


  Items continued from 09/08/97

1)   Anthony Faria re: Beavertail Lighthouse as United States Lighthouse
Museum site: (previously addressed)
2)   Carl Bednarczyk re: Public Works Department management: (Since the
Public Works Director could not be present, this matter was tabled by
Council consensus until October 14 with Mr. Bednarczyk's consent.)

  Items continued from Water and Sewer Commissioners meeting 09/15/97

1)   Water connection request re: Lillian E. Jamison: Councilor Wright
left the Council table and abstained from discussion and vote.
     Ms. Hubbard: If a subdivision in the water and sewer district is
accepted and utilities are extended at that time, connections for all lots
should be allowed in perpetuity by right.
     Mr. Anthony: The owner subdivided his land 30 years ago; the then
privately owned water company extended a line to the subdivision; the lot
in question has remained undeveloped in excess of 25 years; the widow of
the developer says the water line was extended at their expense, that this
lot was part of that subdivision, and thy were told they would be allowed
to connect this lot when they were ready; then, the private water company
was taken over by the Town and new regulations were adopted prohibiting
further connections in the rural district; the question is, are these
rights vested because funds were expended based upon representations that
they would be able to tie in when the time came; some of the parties are
still alive; the Council has every right to try to obtain additional
     Motion by Council President Amerigian, seconded by Councilor Murphy
to have the Public Works Director contact Ms. Jamison and give her his
best advice on where she might find additional supporting evidence of her
claims, either documentary or in the form of affidavits from other parties
involved. Mr. Anthony: The Council is looking for any evidence, not just
from Town records, but from others who were parties to the claim.
     So voted by 4 in favor, none opposed and Councilor Wright abstaining.

2)   Proposed Toilet Ordinance: Councilor Murphy: This should be looked at
as part of a more comprehensive water conservation management plan.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to table this matter. So unanimously voted.

3)   Proposed Wellhead Protection Plan: (David McCurdy of Atlantic States
Rural Water Association present) Motion by Councilor Dolce, seconded by
Councilor Pease to direct the Clerk to place an descriptive advertisement
in The Jamestown Press regarding the plan being considered by the Board of
Water and Sewer Commissioners, and that the plan is available for review
at the Town Hall and Town Offices, and to also forward a copy to all
boards and committees for review and comment by October 20.
     So unanimously voted.

Motion by Council President Amerigian, seconded by Councilor Pease to
reschedule the next Water and Sewer Commissioners meeting from October 20
to Thursday, October 23 at 7:30 PM at the Town Hall. So unanimously voted.


1)   Jamestown Rotary Club re: 22nd Annual 'Round the Island Bike Race
(10/13/97): Motion by Councilor Murphy, seconded by Councilor Pease to
approve the request.
     So voted by 4 in favor, none opposed and Councilor Dolce abstaining.

2)   Copy of letter from Craig Richardson re: proposed RIDOT Southwest
Avenue/Beavertail Road upgrade: Mr. Richardson, 305 Beavertail Road: The
State said, if Council makes a request for modifications to the plans,
they will consider it; most residents would be alarmed if the road is
built as planned; the amount of vegetation to be lost would be
extraordinary; my plan is a compromise that addresses everyone's needs and
accommodates drainage; I am asking Council to scale it down.

Alden R. Walls, 132 Southwest Avenue: We have a petition asking for
consideration to toning it down, although we are not submitting it yet.

Lynn F. Berman, 136 Southwest Avenue: I have spoken to Michael Penn of
RIDOT, the designer of the project; he said the State is willing and
waiting to hear from the Town, if revisions are desired.

Arthur C. Milot, 60 Walcott Avenue: I am afraid the increased efficiency
would result in greater speed; Ms. Hubbard could not stay,  but asked me
to convey that she appreciates Mr. Richardson's efforts and supports them.

Darcy Magratten, 19 Walcott Avenue: Parking on both sides of the street is
inconsistent with a residential neighborhood.

W. G. Brooks Thomas, 320 Beavertail Road: I do not want it expanded
because of increased speed; leave it as a rough surface and repair it; I
oppose any improvement south of Mackerel Cove.

Deborah D. Slattery, 64 Southwest Avenue: Speeding is already a problem;
stop signs on Southwest Avenue at Spring Street, High Street and Mackerel
Cove could help slow it down.

E. W. Sterling Graham, Jr., 172 Racquet Road: I support Mr. Richardson's

Council President Amerigian: At the last work session we had on this
subject, the residents of Southwest Avenue had some concerns about certain
details, but they did not object to the overall plan; I still do not think
we are hearing from all the people on the street as to how they feel about
it. Ms. Berman: The petition we circulated only addresses the surface of
the sidewalk, but when talking to them, most residents did not realize how
bad the road itself would be.

Mr. Powell: RIDOT did a poor job of presenting the plan at the work
session; people could not understand the drawings; they should come in
with conceptual drawings.

Arthur H. Washburn, Jr., 32 Southwest Avenue: Drainage is the problem; I
would like to see the road plan downsized, but we cannot shut the project
down; it has been put off for the last 20 years.
     Mr. Richardson: I do not oppose the project, just its scale.

Ms. Shocket: Construction is planned to start in early spring; I have been
getting an entirely different message from Mr. Penn's supervisor.

(The Clerk left the meeting at this point [10:30 PM]; the remainder of the
minutes were compiled by Ms. Donovan from the audiotaped recording of the

Motion by Council President Amerigian, seconded by Councilor Pease to ask
the Town Administrator to contact Michael Penn, as well as others at
RIDOT, to discuss the possibilities of modifying the plan for Southwest
Avenue in the direction of Craig Richardson's suggested plan, and to see
if there are any possibilities that something in that direction can be
done, and to report back to Council on September 29, and to add this
subject to the agenda for that special Council meeting.
     So unanimously voted.

3)   Marcia Sallum Glassie re: Harbor Management Commission: Motion by
Councilor Wright, seconded by Councilor Dolce to refer this to the
Solicitor for his thoughts. So unanimously voted.

4)   Janet Walker re: proposed stop sign (Sloop/Gondola/Schooner): Motion
by Councilor Wright, seconded by Councilor Dolce to refer this to the
Chief of Police. So unanimously voted.

5)   Jamestown Substance Abuse Prevention Task Force re: proposed
recreational use of the country club building: Motion by Council President
Amerigian, seconded by Councilor Pease to accept the communication.
     So unanimously voted.


1)   Jamestown Pack 1 Cub Scouts request for waiver of pavilion rental fee
(09/24/97): Motion by Councilor Murphy, seconded by Councilor Pease waive
the fee subject to the application obtaining an approved rental
application. So unanimously voted.

2)   CRMC Aquaculture Regulations Meeting (09/23/97) re: Town
representation: Council President Amerigian stated the Harbor Management
Commission chair and he planned to attend.
     Ms. Shocket and Mr. Powell stated the Town has to make sure that
municipalities' interests are being voiced.  Ms. Shocket: The proposed
language changes give CRMC a tremendous amount of latitude.
     Mr. Powell will also attend, and Ms. Shocket will fax materials.

3)   One-day license application (*also requests waiver of license fee):

Applicant           Type     Location    Date
*Parks and Recreation Dept.  Peddlar  Community Center  10/26/97

Motion by Councilor Pease, seconded by Councilor Murphy to grant the
license and waive the fee, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

Mariam Atamian: In 1989, I was told by the Tax Collector's office that
there was a ten day grace period on tax payments; since then, I have
stayed within the grace period; after I paid the September 1997 quarterly
payment, I received a notice in the mail that the year's balance of taxes
plus interest were due; when I questioned it, I was told there was no
longer a grace period; if something was changed, I should have been
notified. Ms. Shocket: Whether there is a grace period or not is a policy
that should be formalized by Council.
     Motion by Councilor Dolce, seconded by Councilor Murphy to direct the
Town Administrator to ask the Tax Collector to report on Ms. Atamian's
situation and report back October 14. So unanimously voted.


There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 11:02 PM.
     So unanimously voted.


Theresa C. Donovan, CMC
Town Clerk