TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
January 26, 1998

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:40 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:
Maryanne Crawford, CPA, Interim Town Administrator/Finance Director
Theresa C. Donovan, CMC, Town Clerk
Steven J. Goslee, Public Works Director
Lisa W. Bryer, Town Planner
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Commission Chair
Samuel Patterson, Harbor Master
Quentin Anthony, Esq., Town Solicitor
MaryJo Carr, Esq., Town Solicitor

CONSENT AGENDA

Councilor Murphy asked that item #2 be removed. Motion by Councilor Dolce
, seconded by Councilor Wright to approve the consent agenda as amended.
So unanimously voted. The amended consent agenda consisted of:
1)   Bills and payroll
3)   Copies of minutes of Boards and Committees
  a) Harbor Management Commission
     i) 11/12/97 (regular meeting)
     ii)   12/18/97 (regular meeting)
     iii)  12/18/97 (joint work session with Town Council)
  b) Jamestown Housing Authority (12/10/97)
  c) Library Board of Trustees (12/16/97)
4)   Harbor Management Commission 
  a) Notice of meeting cancellation (10/08/97)
  b) Attendance record
5)   Letter from the South County Tourism Council re: Point Judith
Lighthouse Museum
6)   Invitation from Bridges, Inc. re premier showing of Island People
(01/22/98)
7)   CRMC notices
  a) Finding of no significant impact
     i) Elaine Barone/Evangelista to reconstruct existing fieldstone wall
(Plat 4, Lot 33; 368 East Shore Road)
     ii)   Cottrell Pier Association to remove and replace 10' x 10' shed
(Plat 9, Lot 773; Racquet Road)
  b) Corrected Aquaculture Assent: William J. Geib to conduct commercial
aquaculture operations in a 330' x 600' area located off the shores of
Jamestown, north-northeast of Dutch Island
  c) Application for assent: Valerie S. Tessier to construct and maintain
a 4' x 117' fixed timber pier (Plat 3, Lot 36; 529 Seaside Drive)

2)   Adoption of Council minutes: 01/12/98 (regular meeting): Motion by
Councilor Murphy, seconded by Council President Amerigian to amend Reports
item #4 on page 4 entitled Conservation Commission to include the
following entry after Mr. Powell's statement: "Councilor Murphy: If we
will be reappointing the incumbents, I do not see any need to advertise.
     Following discussion of the possibility that incumbents may not be
reappointed, motion so unanimously voted." So unanimously voted. Motion by
Councilor Dolce, seconded by Councilor Wright to approve the minutes as
amended. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Motion by Council President Amerigian, seconded by Councilor Pease to
enter into executive session as scheduled to discuss litigation, in
accordance with RIGL 42-46-5(a)(2).
     So unanimously voted. Mr. Anthony: The discussion will be of Wolanski
v. Town of Jamestown, and the issue of the extension of water to the
Quattrocchis (Mackerel Cove Heights subdivision).

OPEN FORUM

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address
Paul Robertson: I ask that Council submit a letter of concern to the RI
Turnpike and Bridge Authority; the recent decision to eliminate tolls on
the Mount Hope Bridge will result in the displacement of employees,
including 7 from Jamestown; also, if the toll for the Claiborne Pell -
Newport Bridge increases to fund the maintenance requirements of the Mount
Hope Bridge, that will have an unfair impact on South County commuters;
Senator M. Teresa Paiva-Weed and Representative George Levesque would like
copies if Council sends such a letter; we should not subsidize the Mount
Hope Bridge; if Council sees fit to send the letter, copies should also be
sent to other affected communities and their representatives.
     Donald Richardson: When the Newport to Jamestown ferry was
eliminated, the Town Council,  through our legislators, had a bill passed
to give job placement and job preference to displaced workers; I think
Council could help these people as they have before.
     Mr. Robertson: Many have worked several years as part time employees
on 24-hour call to get these positions; some have disabilities, some of
their children have disabilities.
     Councilor Wright: I support the concept and would ask Mr. Robertson
to outline the major points for Council to review and consider on February
9. Councilor Pease: A bridge built in 1949 (Mount Hope) will need more
maintenance, not less; the 2007 bonds should be paid off, but it sounds
like there will be higher toll on the Pell - Newport Bridge.
     Mr. Robertson: That is why councils from Aquidneck  Island and other
surrounding communities should discuss this together; it is the
Authority's responsibility to reassign/re-employ these people; they are
not State employees.
     Council President Amerigian: I also agree with the concept.
     Mr. Robertson agreed to sketch out two letters for the February 9
meeting: one regarding the future of the affected employees and one
regarding the toll rate.

Mr. Richardson: Did anyone in government send a letter to RIDOT stating
that the ISTEA (Intermodal Surface Transportation Efficiency Act) money
was refused and that the Council voted 4-1 to turn the money back to the
State? Ms. Crawford: The former Town Administrator called Marjorie Keefe
(RIDOT Division of Intermodal Planning) the next morning to advise her of
the vote.
     Mr. Richardson: The minutes do not state that a letter should be
sent, but I remember discussion that one would be sent after telephone
notification; in last week's Jamestown Press,  Donald Armington (Harbor
Management Commission Chair)  stated the funds were never refused. Council
President Amerigian: RIDOT officials said they needed local consent to
continue; we never consented. Ms. Crawford will check further.

Edwin Connelly: During the budget work sessions, $25,000 was included 
regarding East Ferry lighting; a related discussion regarding concrete
repairs in that area was tabled for Council consideration; $29,500 would
be needed; we were hoping funds in the existing capital budget could be
used to make up the difference; there are funds designated for
improvements to the square in the current budget.
     Council President Amerigian: The railing is a safety issue and more
important; there is a question of who is responsible for paying for that.
     Mr. Anthony: The request would involve a diversion of funds; needs
further research.
     Councilor Murphy: I thought the notation for the $25,000 general
enough to give broad authorization.
     Mr. Connelly: There is imminent danger; that is more important than
lighting.

(Betty Hubbard, Planning Commission Chair, arrived at this point; 8:07
PM.)

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Proposed revision Fort Getty fee schedule: Motion by Councilor Wright,
seconded by Councilor Murphy to raise the rates for Fort Getty in
accordance with the recommendations of the Recreation Direction in his
memorandum dated January 15, 1997 [sic]. So unanimously voted.

Country Club: Chief Christman: I need to know what changes are taking
place; a change of use require plans and possible change of code.
     Motion by Council President Amerigian, seconded by Councilor Pease
that Ms. Crawford contact both tenants, the Building Official and Chief
Christman for a meeting.
     So unanimously voted. Mr. Anthony: The lease is 99% completed and
should be ready for the February 9 meeting; I am working on the utility
cost allocation for the second floor.
Harbor Management Commission: Ms. Crawford: A warrant resolution is needed
for voter approval of a  loan from the General Fund to the HMC.
     Mr. Anthony: I am also working on a similar resolution loaning money
from the General Fund to the Water and Sewer Commissioners budget.
     Motion by Councilor Wright, seconded by Councilor Murphy to authorize
warrants to be prepared for the water tower financing and the loan to the
Harbor Management Commission, with the latter drawn up with guidance from
the HMC. So unanimously voted.

2)   Street Light Committee report re: Bay Street and North Road at the
intersection of Carr Lane: Councilor Murphy: We received input from the
Police Department on both; the light on pole #3 on Bay Street should be
removed; the light on pole #120 on North Road should be moved to pole
#119, near the intersection with Carr Lane; that is the pole with the
street sign and is closest to the intersection.
     Motion by Councilor Murphy, seconded by Councilor Wright to remove
the light from pole #3 on Bay Street, and move the light from pole #120 to
pole #119 on North Road. So unanimously voted.

3)   Golf Course Advisory Committee: Motion by Council President
Amerigian, seconded by Councilor Wright to conduct interviews on February
9 beginning at 6:30 PM. So unanimously voted.

4)   Copy of letter from the Zoning Enforcement Officer to Phyllis Bedard
dba Trattoria Simpatico re: restaurant's capacity: Motion by Councilor
Murphy, seconded by Councilor Dolce to accept the communication.
     So unanimously voted.

5)   Letter from the Zoning Enforcement Officer re: Peddler's License
renewal of Alfred Bingell at Mackerel Cove: Mr. Anthony: Council can
address this when the license renewal request comes before you.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to accept the communication. So unanimously voted.

6)   Memorandum from the Town Clerk re: Financial Town Meeting
preparation: Motion by Council President Amerigian, seconded by Councilor
Wright to accept the communication.
     So unanimously voted. Ms. Crawford: I recommend increasing the sewer
line rate from $.55 to $.58. Council consensus: to be considered on
February 9.

7)   Harbor Management Commission
  a) Marine Development Fund shortfall (previously addressed)
  b) Memorandum re: clarification of 12/23/97 letter sent to William
Alves, RIDOT Intermodal Transportation Planning
(Mr. Armington was not present.) Council President Amerigian: We need to
communicate directly with Mr. Alves and ask specific questions about
whatever strings might be attached to the money.
     Motion by Council President Amerigian, seconded by Councilor Pease to
direct the Solicitor to communicate with the US Department of the Interior
regarding what restrictions might apply to the portion of the wood pile
pier that they funded and how that might relate to funds from other
sources to improve or repair same.
     Councilor Pease: We already lengthened the pier in the 1980s; I will
ask Mr. Armington if he has had further discussion with Mr. Alves. Motion
so unanimously voted. Motion by Council President Amerigian, seconded by
Councilor Murphy that the Town Administrator send a general letter to Mr.
Alves saying we need clarification and would like to discuss with him how
the funds might be used, and invite him to a future Council meeting,
either February 23 or March 9. So unanimously voted.

UNFINISHED BUSINESS

1)   Harbor Management Commission proposal re: wooden pier (previously
addressed)

2)   Conanicut Yacht Club
  a) RIDEM's response re: treated effluent
Motion by Councilor Murphy, seconded by Councilor Pease to accept the copy
of the communication, as supplied by Ms. Crawford. So unanimously voted.
  b) Leased land re: golf course operation
Joseph Mistowski (golf course lessee): The impact of CYC's project will be
somewhat detrimental to the quality of one hole; it ruins the character of
the hole; their barrier would be close to the green; aesthetically, is
will not be a natural setting; noise could also be disruptive; if it were
mine, I would build another green and relocate it, costing  about $50,000.
     William Burgin (CYC immediate past Commodore): Paddle tennis is a
game played at night in the wintertime;  (photocopy distributed to Council
members); plantings around the perimeters are planned; I would suggest
seeing if it does affect play; if so, then redesign the hole; the trustees
are willing to discuss amendment of the lease to increase notification
time for termination.
     Mr. Mistowski: The best time to do any reconfiguration would be in
the fall.
     Mr. Anthony: No one has canceled the Town's lease; the property in
question is not property the Town leases; whether these courts are
constructed or another structure is placed there, it does not affect the
Town's lease.
     Motion by Council President Amerigian, seconded by Councilor Pease to
request that Mr. Burgin communicate with the CYC board of trustees, as to
whether they would entertain a change in the notification duration for
termination of the lease from 6 months to 2 years.
     So voted by 4 in favor, none opposed and Councilor Wright abstaining.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to refer this to the Golf Course Committee upon its formation for study.
     So voted by 4 in favor, none opposed and Councilor Wright abstaining.

3)   ISO rating: Ms. Crawford: The rating has not officially dropped; the
suggested corrective action has been taken; I will send notification in
writing and discuss further with Chief Christman.

4)   J. Christopher Powell re: proposed real estate transfer fee work
session participants (02/02/98): (memo distributed) The Conanicut Island
Land Trust has offered to pay for a block advertisement; the Conservation
Commission is  paying Mark Robinson's expenses to come here; we will bring
officials from Little Compton and Block Island to a second work shop.

5)   Proposed tree ordinance: Council President Amerigian: I have concerns
regarding the cost to administer and flexibility in neighborhoods without
sidewalks.
     Ms. Hubbard: The ordinance should be general enough to allow the tree
committee to formulate specific regulations.
     Mr. Anthony: Before advertising for hearing, you might want to change
the definition of a shade tree, and add language excluding trees that are
not shade trees.
     Council President Amerigian: Also, limit the 7' clearance rule to
areas with improved walkways.
     Ms. Hubbard: The last sentence of page 2 says the Conservation
Commission representative shall be the chair, but on page 3,  item C says
the committee shall select its own chair.
     Mr. Powell: The latter is fine with us. Motion by Council President
Amerigian, seconded by Councilor Pease to ask the Planning and
Conservation Commissions to incorporate Council's and Mr. Anthony's
comments into a revision and resubmit to Council as soon as possible for
consideration. So unanimously voted.

COMMUNICATIONS

1)   URI Cooperative Extension re: public education of groundwater
protection/septic systems: Motion by Councilor Pease, seconded by
Councilor Murphy to accept the communication. So unanimously voted.

2)   US Department of the Interior, US Geological Survey-Water Resource
Division  re: fact sheet, "U.S. Geological Survey Programs in RI": Motion
by Council President Amerigian, seconded by Councilor Pease to accept the
communication. So unanimously voted.

3)   Newport County Chamber of Commerce re: legislation regarding Newport
County: Motion by Councilor Wright, seconded by Councilor Pease to accept
the communication and forward a copy to the Jamestown Village Association.
     So unanimously voted.

4)   Newport Hospital re: Vision 2001: A New Hospital for a New Century:
Motion by Council President Amerigian, seconded by Councilor Pease to
accept the communication. So unanimously voted.

5)   Newport County Community Mental Health Center, Inc. re: 1997-1998
budget appropriation: Motion by Councilor Murphy, seconded by Councilor
Pease that the Administrator handle as she sees fit. So unanimously voted.

NEW BUSINESS

1)   1998-1999 budget approval: Council President Amerigian: During
executive session earlier this evening, the three pending labor contracts
were discussed and we are ready to ratify agreements; the police and
public works unions have ratified their agreements, and the clerks are
expected to do so within the next couple of days.
     Motion by Council President Amerigian, seconded by Councilor Pease to
ratify the labor contracts as negotiated with all three unions (IBPO, SEIU
and NAGE locals) as orally presented by Ms. Carr and Ms. Crawford. So
unanimously voted. Chief Christman: Does the budget include legal fees for
the fire department? Council President Amerigian: It is the Solicitor's
opinion that the Town has provided legal services for the department in
the past.
     Motion by Councilor Wright, seconded by Councilor Murphy to direct
the Solicitor to prepare a document explaining the Town's legal
responsibility to the fire department.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Pease to adopt the Town budget in the amount of $5,220,989,
contingent upon ratification of the NAGE contract by the local union.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to accept the School Committee budget in the amount of
$6,331,135.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Wright to approve the total budget in the amount of
$11,552,124, with $9,824,031 to be raised from taxes.
     So unanimously voted.

2)   Request from the Conanicut Island Art Association for permission to
use the Community Center (07/27 - 08/02/98 and 08/07 - 08/09/98): Motion
by Councilor Wright, seconded by Councilor Murphy to approve the request,
subject to approval by the Recreation Director, and the Clerk shall notify
CIAA of the conditional approval by letter. So unanimously voted.

3)   Proposed letter to the Planning Commission re: decisions: Council
President Amerigian: There was a question of the Planning Commission
establishing development criteria that result in budget considerations
later on.
     Motion by Councilor Pease, seconded by Councilor Dolce to communicate
with the Planner and ask her to research the origins of the bluestone
roadways in East Passage Estates. So unanimously voted.

EXECUTIVE SESSION

Motion by Councilor Pease, seconded by Councilor Wright to adjourn to
executive session at 10:26 PM.
     So unanimously voted. Council returned to regular session at 10:55
PM. Motion by Councilor Murphy, seconded by Councilor Pease to seal the
minutes of the executive session to the public. So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Council
President Amerigian, seconded by Councilor Wright to adjourn the meeting
at 10:56 PM. So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk