TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
January 12, 1998

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:37 PM by Council President Craig
A. Amerigian. The following members were present:
David E. Dolce, Vice President
William H. Murphy
Ellicott Wright

(Absent at this point: Councilor Fred F. Pease; arrived later)

Also present were:
Maryanne Crawford, CPA, Interim Town Administrator/Finance Director
Theresa C. Donovan, CMC, Town Clerk
Steven J. Goslee, Public Work Director
Lisa W. Bryer, Town Planner
Arthur J. Christman, Fire Chief
Samuel Paterson, Harbor Master
Donald T. Armington, Harbor Management Commission Chair
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor

CONSENT AGENDA

Councilor Murphy asked that item #2a be removed. Motion by Councilor
Murphy, seconded by Councilor Dolce to approve the consent agenda as
amended. So unanimously voted. The amended consent agenda consisted of:
1)   Bills and payroll
2b)  Adoption of Council minutes: 12/22/97 (regular meeting)
3)   Copies of resolutions from other municipalities:
  a) City of Central Falls re: The Compulsory Attendance Act
  b) Town of Westerly re: Educational Financial Support
4)   RICRMC notice of assent: Mr. and Mrs. Clyde R. Byerly to construct
structural shoreline protection facilities (Plat 7, Lot 86; 68 East Shore
Road)

2a)  Adoption of Council minutes: 12/08/97 (regular meeting): Motion by
Councilor Wright, seconded by Councilor Murphy to correct the minutes
under the heading of retiree health care on page 4 so the motion will read
"....to extend the availability of health care coverage to recently
retired municipal employees for 6 months, unless coverage through the
State becomes available." [emphasis provided] So unanimously voted.
Councilor Wright also noted the correct spelling of the Admiral's name
referenced by Francis Costa on page 3 is Wotherspoon.
     Motion by Councilor Murphy, seconded by Councilor Wright to accept
the minutes as amended. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Mr. Anthony: Items #6 and 9 under Unfinished Business have been addressed
by me in recent communications with Council, to be discussed during a
future meeting.

OPEN FORUM

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address
a) Mr. Armington (referring to a late communication to Council which did
not appear on the agenda): Increased density and commercialization seemed
to be the major issues that defeated the steel pier extension proposal; we
still have some infrastructure needs that had been part of that overall
project, including a heavy duty wave screen, which would cost over
$400,000.

(Councilor Pease arrived at this point; 7:50 PM.)

Mr. Armington: The FHWA grant allows for improvement of the infrastructure
and a deep water boat launch ramp; since the steel pier extension was not
acceptable, we are looking for other ways to improve our infrastructure;
we could use the money to reinforce the wooden pier and build the wave
screen.

(Betty Hubbard, Planning Commission Chair arrived at this point; 8:04 PM)

Mr. Anthony: The wooden pier built with federal recreation funds; certain
uses have to be tolerated. Motion by Councilor Wright, seconded by Council
President Amerigian to put this matter on the January 26 agenda and be
provided with any restrictions that were placed on the wooden pier when it
was built, along with the current lease for the wooden pier.
     So unanimously voted.

Mr. Armington (referring to committee status): Member Lawrence Buckley is
resigning and will submit a letter to that effect.
     Council consensus: Vacancy will be advertised upon receipt.

Budget work shops: Councilor Murphy: To come to agreement on issues,
should it be discussed at a Council meeting or during the work shops? Mr.
Anthony: Council can arrive at a consensus on certain items in the
Administrator's budget during the work shops, but should not be voting,
you are able to refine her budget through consensus before voting on it
becoming your own budget.
     Council will let Ms. Crawford know at the January 13 budget meeting
which items already covered may be revisited during wrap up on January 17.
     Council President Amerigian: What is our role in the school budget?
Mr. Anthony: It is very limited by the Town Charter (Section 508) and
state law; once the School Committee's budget is approved, the control
over how that is spent is entirely with the School Committee; the only
thing anyone has any control over is the aggregate budget; you take the
budget to the voters, so you can set the bottom line.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
The north pond reservoir is recovering and measures 37" below the
spillway.

Town Administrator Search Committee: Motion by Councilor Wright, seconded
by Councilor Pease to accept South Kingstown's Town Manager Stephen
Alfred's  offer to serve on the committee as a non-voting advisor.
     So unanimously voted.

Budget: The marine development fund and budget will be discussed during
the budget work shop on January 17.

Golf course: Council President Amerigian: Joseph Mistowski (golf course
lessee) wrote a letter, stating the impact of Conanicut Yacht Club's plan
to use some of the leased property for a paddle tennis court on the golf
course is not totally trivial; one green would have to be shifted and
extended, at a cost of approximately $5,000; CYC Commodore John Hubbard
has indicated they are willing to give us a lease for a longer term; CYC
has a building permit and is ready to proceed. Motion by Council President
Amerigian, seconded by Councilor Pease that Ms. Crawford contact the
lessee to ask Mr. Mistowski to clarify his letter, to schedule this matter
 for further discussion on January 26, and to invite CYC representatives
to attend. So unanimously voted.

Uncollectible taxes: Motion by Councilor Dolce, seconded by Councilor
Murphy to abate uncollected taxes for tax year 1987 in the amount of
$1,042.41. So unanimously voted.

Personal Property Tax: Motion by Councilor Wright, seconded by Councilor
Murphy to refer the City of Woonsocket's proposed  amendment to the
Solicitor for an opinion (originally addressed 12/22/1997).
     So unanimously voted. 

2)   Jamestown Housing Authority: Motion by Councilor Murphy, seconded by
Councilor Pease to reappoint Charlotte S. Richardson to a 5-year term,
term ending December 2002.
     Councilor Pease: Because Council has so little to do with this
agency, I support Councilor Murphy's motion for reappointment without
advertisement or interview. So unanimously voted.

3)   Southern New England Fire Emergency Assistance Plan: Chief Christman:
This is no cost mutual aid; the agreement needs to be formalized by
Council; this practice has been done informally for years; this is the
first time this particular agreement is being presented to Council; it is
geared toward disaster response.
     Motion by Councilor Pease, seconded by Councilor Murphy to
immediately adopt and approve the resolution of participation as
presented. Chief Christman: This formalization changes nothing from
current practice, but may in fact increase the amount of aid we would
receive in an emergency; we retain control of our equipment.
     Solicitor: I do not believe formalizing this practice puts the Town
in any different position regarding liability.
     Motion so unanimously voted.

4)   Conservation Commission: Motion by Councilor Pease, seconded by
Councilor Wright to advertise all 3 vacancies.
     Mr. Powell: All 3 incumbents are interested in reappointment, and
will submit letters to that effect. Motion so unanimously voted.

UNFINISHED BUSINESS

1)   Conanicut Yacht Club lease (previously addressed)

2)   Conanicut Yacht Club tennis courts: watering with treated effluent
and RIDEM's response: Motion by Council President Amerigian, seconded by
Councilor Pease that Ms. Crawford communicate with CYC to determine
whether or not they have received a response from RIDEM.
     So unanimously voted.

3)   ISO rating (continued to January 26)

4)   Composition of proposed Fort Wetherill Committee: Motion by Councilor
Wright, seconded by Councilor Murphy to adopt the following charge for the
committee: to work with the RIDEM to develop a plan for Fort Wetherill,
keeping in mind the concerns of Jamestowners, the Comprehensive Community
Plan and the impact on Jamestown.
     So unanimously voted.  Motion by Council President Amerigian,
seconded by Councilor Pease that the composition of the committee shall be
5 citizens at large, the Town Administrator, the Town Planner, one Council
member and the Harbor Master or other designee of the Harbor Management
Commission.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Wright to advertise for the 5 public vacancies.
     So unanimously voted.

5)   Review of executive session minutes (previously addressed)

6)   Status of Quattrocchi water hook-up issue (previously addressed)

7)   Proposed real estate transfer fee and Conanicut Island land bank: Mr.
Powell distributed a report and agreed to return to Council on January 26
with a tentative list of work session participants.
     Motion by Council President Amerigian, seconded by Councilor Wright
to schedule a work session to discuss a proposed real estate transfer fee
and related establishment of a land bank on Monday, February 2 at 7:30 PM
at a location to be announced. So unanimously voted. [Note: subsequently
scheduled at the Jamestown Philomenian Library]

8)   RIDEM notice re: Marketable Record Title Act: Motion by Council
President Amerigian, seconded by Councilor Murphy that the Clerk and
Solicitor transmit copies of the Act to the Conanicut Island Land Trust,
Audubon Society, Nature Conservancy, and Conservation Commission, as well
as any other group holding conservation easements on Jamestown real
estate. So unanimously voted.

9)   Status of Wolanski case (previously addressed)

10)  Status of proposed tree ordinance: Mr. Anthony: I sent a letter about
this to the Council members; the Planning Commission also has a copy.
     Motion by Councilor Wright, seconded by Councilor Pease to place this
matter on the January 26 agenda. So unanimously voted.

COMMUNICATIONS

1)   RIDEM, Land Conservation & Acquisition Program re: Jamestown Golf
Course: Motion by Council President Amerigian, seconded by Councilor
Wright that Ms. Crawford send a letter to Ms. Pointek stating the plans at
the golf course property relating to the CYC have changed and there is no
need to pursue any further at this point. So unanimously voted.

2)   Matthew F. Clarke re: East Ferry lighting: Motion by Councilor
Wright, seconded by Councilor Pease to accept the communication.
     So unanimously voted.

3)   RI League of Cities and Towns re: increase in membership dues: Motion
by Council President Amerigian, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

4)   John H. West re: correction to his letter to Council dated 11/06/97:
Motion by Councilor Pease, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

NEW BUSINESS

1)   Damage claim from John Brittain: Solicitor: I recommend forwarding
this to the RI Interlocal Risk Management Trust; it appears to be damage
caused by Town vehicle.
     Ms. Crawford: It was a fire truck, which is insured by the Town; our
deductible is $2,500 per incident, and a filing fee is required whenever a
claim is made; the injured party is usually asked to get three quotations,
which are then sent to Council, who may refer same to the Solicitor.
     Motion by Councilor Murphy, seconded by Councilor Wright refer this
claim to the Solicitor for an opinion. Motion so unanimously voted.

Conanicut Yacht Club zoning appeal (Wharton v. Allphin et al): Solicitor:
Whenever an appeal is taken, you should expect the private party to take
the lead in defense of their appeal; you should be cautious of the scope
of work you authorize, and ask the Zoning Board to handle their budget in
a judicious manner; this has no bearing on who is selected to represent
them.
     Motion by Councilor Murphy, seconded by Councilor Wright to authorize
the Zoning Board of Review to continue to utilize Karen R. Ellsworth, Esq.
as special counsel to the Board, at competitive rates, for the matter of
the Conanicut Yacht Club building permit appeal, more specifically
described as Wharton v. Allphin, et al, NC97-567. So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 10:12 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk