TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
February 9, 1998

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:
William H. Murphy
Fred F. Pease
Ellicott Wright

(Absent: David E. Dolce, Vice President)

Also present were:
Maryanne Crawford, CPA, Interim Town Administrator/Finance Director
Theresa C. Donovan, CMC, Town Clerk
Matthew J. Bolles, Parks, Beaches and Recreation Director
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Commission Chair

(Quentin Anthony, Esq., Town Solicitor arrived at 7:34 PM.)

CONSENT AGENDA

Councilor Amerigian asked that item #5b be removed. Motion by Council
President Amerigian, seconded by Councilor Pease  to approve the consent
agenda as amended. So unanimously voted. The amended consent agenda
consisted of:
1)   Bills and payroll
2)   Adoption of Council minutes:
  a) 01/26/98 (emergency meeting)
  b) 01/26/98 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Conservation Commission (10/14/97, 11/18/97 & 12/09/97)
  b) Zoning Board of Review (12/16/97)
4)   CRMC notice of finding of no significant impact: Charles A. Masso to
install a 7' bay window
5)   Resolutions from other municipalities
  a) Town of Richmond re: Realty Stamp Tax
  c) Town of East Greenwich re: educational financial support
6)   Invitation from the Jamestown Housing Authority re: annual
installation dinner (02/11/98)
7)   Invitation from DARE Officer Angela Benedetti re: fifth grade DARE
class graduation (02/10/98)
8)   Memorandum and brochure from the RI Division of Public Utilities and
Carriers re: The Consumer Guide to Choosing a Power Supplier
9)   Invitation from the RI Committee for Nonviolence Initiatives re:
Executive Seminar in Kingian Nonviolence (02/12/98)

5b)  Resolution from Town of Lincoln re: act relating to Narragansett Bay:
Motion by Councilor Wright, seconded by Council President Amerigian that
the Clerk send a letter to the Narragansett Bay Commission asking for an
estimated cost, what it would be spent for, and what the impact on the
lower bay would be.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to accept item #5b. So unanimously voted.

(Lisa W. Bryer, Town Planner arrived at this point; 7:41 PM.)

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION:

1)   Consideration of outside bar at Trattoria Simpatico: Motion by
Councilor Murphy, seconded by Council President Amerigian that the
Solicitor contact the Zoning Official to review the Trattoria Simpatico
situation and advise the Council appropriately as to whether the outside
bar is a zoning question or licensing issue. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

(None)

OPEN FORUM

1)   Scheduled Requests to Address
a)   Susanne T. Reynolds, M. Elizabeth Weibust and Mary D. Lovegreen
(members of Jamestown Friends of Skaters) re: proposed skate facility: Ms.
Weibust: Following up on the 10/29/97 work session, we were instructed to
go back and review all possible sites: next to police station, Eldred
Avenue cul de sac, "dirt pile" at the school, Fort Getty (next to the
pavilion or between the booth and pavilion at stone pillars), and the
transfer station; we met with the Town's insurance agent (RI Interlocal
Risk Management Trust) regarding each site.
     Council President Amerigian: There is not enough property next to the
police station.
     Ms. Crawford: The former Town Administrator spoke to Edmund Parker at
RIDOT regarding the  Eldred Avenue site; he felt that could work.
     Ms. Reynolds: That has been the site of several recent motor vehicle
accidents.
     Ms. Weibust reviewed the advantages and disadvantages of each site
proposal using posters with photographs, concluding that the most favored
site is the dirt pile because it is centrally located in a safe area for
family activity; each site has pros and cons and the group is willing to
work with anything Council designates.

(Betty Hubbard, Planning Commission Chair arrived at this point; 8:00 PM.)

(The following individuals were not scheduled to address, but were allowed
to participate in the discussion at this point.) Francis W. Caswell: The
fence requirement will change the appearance of any of these sites.
     Ms. Lovegreen: The Trust agent will come again to look at plans and a
more specific site.
     Ms. Reynolds: When a site is identified, we will have to go to
zoning, during which abutters will be notified. Mr. Bolles: With the Fort
Getty site, there would be CRMC requirements, and the income of the park
would most likely be negatively impacted. Mr. Powell: Was the East Shore
Road lot considered? Ms. Weibust: We were told it was not Town property
and is in the watershed. Mr. Powell: It does belong to the Town and is
only partly in the watershed. Ms. Reynolds: We need about 15,000 square
feet.
     Ms. Weibust: The Trust agent said the facility supervisor would
determine a safe number of participants, as there is  no limit yet
established by the insurer; this activity would be insured by the Trust at
the Town's current premium, although we may have to pay a $150 fee for
them to come and inspect the project.
     Mr. Anthony: There would be no problem limiting admission to
residents only.
     Arthur T. Ciano: At the school site, would different types of play
interfere with each other? Ms. Weibust: I spoke to leaders of other
organized sports and was told it should not be a problem.
     Mr. Ciano: Parking is already congested. Marilyn F. Heller: I am very
opposed to the "dirt pile" site at the school because there are already
problems with parking, late night noise nuisance because of skaters, and
drinking problems.
     Mr. Powell: The East Shore Road site has 19.5 acres, about half of
which is wetlands.
     Mr. Anthony: There may be a restriction on it; I will check. Richard
W. Allphin: The people who objected to the Eldred Avenue soccer field
would be even further away from the skating area.
     Marie-Louise Hedberg: The community playground is public and the
influx of nonresidents has taken its course and is controllable and this
would be too.
     John S. Wilcox: Nor is it a problem for the golf course; I support
building a facility.
     Raymond C. Heller: This is not really comparable to a golf course.
Mary Ann Vieira: Many other communities are looking into it so we will not
be the only site; we need a proper site.
     Ms. Heller: I am not worried about the attended hours, but at night
when it is not supervised; this activity is not right for a densely
populated area; it is already a problem.
     Councilor Pease: Mr. Anthony will check on any restrictions on the
East Shore Road site; Ms. Crawford will speak to Mr. Parker more
specifically about the Eldred Avenue site; the School Committee does not
have a problem with the school site.
      Motion by Council President Amerigian, seconded by Councilor Wright
to ask the Solicitor and Administrator to investigate those sites further
and report back on February 23. So unanimously voted.

2)   Non-Agenda Requests to Address
Edwin W. Connelly, Jr.: I am concerned about the condition of East Ferry
lighting; it is pitch black and there are blocks of concrete that may
cause a  liability problem; why can't we solve the problem of the lights?
Also, there has been no activity on the bulkhead repair for over a week;
the crane is gone.
     Ms. Crawford: I called Siegmund and Associates (engineering firm);
they ran into some wooden pilings and are hoping to conduct further
testing; Thursday's storm delayed the project.
     Motion by Council President Amerigian, seconded by Councilor Pease
that the Administrator check with the Building Official (since the Public
Works Director is on vacation) and get assistance in getting the lights
back on. So unanimously voted.

Council President Amerigian suggested taking Unfinished Business #3 (Bay
Street light) out of order; no objection from Council.
Robert M. Bailey: On January 26, Council voted to remove a light on Bay
Street, apparently on one person's request; it does not appear that
abutters were notified; it was removed within days without notice; many
residents are concerned for safety and want the light replaced. Ms.
Donovan: This was the first request in memory for removal of a light;
there is no established formal procedure.
     Councilor Murphy: We (Street Light Committee) did not find any
procedure; I  thought departments like public works or police should
advise of need. Councilor Wright: This was an oral request; most things
Council acts on are in written form; I agree that the petitioners were not
given fair notice; this probably should have come as a request from a
department.
     Mary Jane Lindgren: We never had problems with a light on our street;
since it has been down, my house was hit with paint; how quickly can it be
reinstalled?  Gail E. Bailey: Light shields are effective. Motion by
Councilor Pease, seconded by Councilor Wright to ask the Administrator to
proceed forthwith and have the light reinstalled, preferably with a
shield.
     Councilor Murphy: The police department felt the light was too bright
for a residential neighborhood.
     Ms. Hubbard: There is no better lighting solution yet; the electric
company knows our community wants lights with lower intensity.
     Councilor Murphy: Ask them for an alternative of lower intensity.
     Motion so unanimously voted. Motion by Council President Amerigian,
seconded by Councilor Wright that the Administrator speak to the Public
Works Director about light spacing recommendations and implementation of a
procedure that would be appropriate for abutters.
     Ms. Crawford: I would like the opportunity to speak to him and the
Chief of Police. Motion so unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Ambulance building report: Motion by Council President Amerigian, seconded
by Councilor Pease to table discussion to February 23 so the Ambulance
Association can attend. So unanimously voted.

Shoreline access grant (Park Dock): Motion by Councilor Murphy, seconded
by Councilor Wright to authorize the Administrator to sign the agreement.
     So unanimously voted.

Finance department assistance: Motion by Councilor Pease, seconded by
Councilor Murphy to hire the firm of Parmelee, Poirier and Associates for
up to 40 hours at a maximum of $50 per hour. So unanimously voted.

Motion by Councilor Wright, seconded by Councilor Murphy that the
Solicitor continue to negotiate the country club lease and report back on
February 23. So unanimously voted.

2)   Town Clerk: re: proposed warrant and resolutions for the Financial
Town Meeting on March 2, 1998:
Resolution #1: Ms. Crawford: The actual cost to paint the water tower will
be $129,183; $35,000 has been budgeted so far.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to approve the resolution to read "That the Town of Jamestown, acting by
and through its Director of Finance and Town Council, loan a sum of money
from existing surplus not to exceed $95,000.00 to the Water and Sewer
Commissioners of the Town of Jamestown for the purpose of general
improvements to the water tower.
     Said sum shall be repaid within such period as the Town Council
elects, but, in no event, in more than five (5) years, with interest on
the unpaid principal balance at a rate per annum equal to the "Base Rate"
as designated or published by the Bank of Newport.
     The rate shall be that in effect on the date of the loan.
     All other terms of said loan shall be on such terms and conditions as
the Town Council deems proper." So unanimously voted.

Resolution #2: Motion by Councilor Murphy, seconded by Council President
Amerigian to approve the resolution to read "That the Town of Jamestown,
acting by and through its Director of Finance and Town Council, loan a sum
of money from existing surplus not to exceed $21,000.00 to the Harbor
Management Commission of the Town of Jamestown for the purpose of
balancing the budget of said Commission.
     Said sum shall be repaid within such period as the Town Council
elects, but, in no event, in more than two (2) years, with interest on the
unpaid principal balance at a rate per annum equal to the "Base Rate" as
designated or published by the Bank of Newport.
     The rate shall be that in effect on the date of the loan.
     All other terms of said loan shall be on such terms and conditions as
the Town Council deems proper." So unanimously voted.

Resolution #3: Ms. Crawford: The proposed sewer line rate change, although
not part of the general government budget, but for water and sewer budget,
needs to be done now; it would be a 5.4% increase, from $.55 per linear
foot to $.58. Motion by Council President Amerigian, seconded by Councilor
Wright to approve the resolution to read "RESOLVED, That the Electors of
the Town of Jamestown, Rhode Island, duly qualified hereunder, under an
Act passed by the General Assembly authorizing the Town of Jamestown to
construct and maintain common drains and sewers, and approved April 19,
1917 as amended by the January 1966 Session of the General Assembly, at a
Town Meeting legally assembled on this 2nd  day of March, A.D. 1998, do
hereby order that the Tax Assessor of the said Town, as of December 31,
1997 assess at a rate not to exceed 58 cents per linear foot and said Tax
Assessor shall determine what amount is properly chargeable against each
of the estates in said Town of Jamestown, subject to the provisions of
said Act, and that the said Assessor shall assess against such estate in
said Town such sum as shall be found chargeable against the same.
     Each assessment shall become and be a lien upon the said real estate
and the several owners thereof shall be liable for the payment, to be
enforced according to the provisions of the law in such cases made and
provided." So unanimously voted.

Resolutions #4, 5 and 6: Motion by Councilor Murphy, seconded by Councilor
Wright to approve resolutions #4, 5 and 6 as presented. So unanimously
voted.

3)   Fire Department Compensation Committee
  a) Memorandum from the Town Clerk
  b) Letter of interest from Corey Hanson
  c) Letter from James Bryer, Chair
Motion by Councilor Murphy, seconded by Councilor Wright that the Clerk
contact both compensation committees and obtain a list of active committee
members from each and the dates of their terms. So unanimously voted.

4)   Harbor Management Commission
  a) Letter of resignation from Larry Buckley
Motion by Council President Amerigian, seconded by Councilor Wright to
accept the resignation of Larry Buckley, with thanks for his years of
service.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Pease to approve Dennis Webster as the Planning Commission's
representative. So unanimously voted.
  b) Copy of town ordinance
  c) Memorandum from the Town Clerk
Council President Amerigian: Since there is no one here from the HMC, this
should be tabled until we receive an explanation from the Chair.
     Council consensus: Since the next HMC meeting is after Council's next
meeting, continue this to the first meeting in March, with no press
release for vacancies yet.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to inform the HMC that Council will have this on the March 9 agenda and is
seeking their input. So unanimously voted.

5)   Copy of memorandum from the Town Planner re: new commissioners and
their representation on the Parking Committee and Harbor Management
Commission
Motion by Councilor Murphy, seconded by Councilor Pease to accept the
memorandum. So unanimously voted.

6)   Golf Course Advisory Committee (4 vacancies; unspecified term)
Motion by Councilor Murphy, seconded by Councilor Pease to increase the
number of public representatives from 4 to 6 and appoint Steven M.
McInnis, James R. Bryer, Jr., John S. Wilcox, Richard A. Hines, Ira E.
Murphy and Paul J. McDermott. So unanimously voted.

UNFINISHED BUSINESS

1)   RI Turnpike & Bridge Authority issues (continued from 01/26/98)
  a) Two proposed letters from Paul A. Robertson
Ms. Crawford: I have tried to contact Senator M. Teresa Paiva-Weed,
seeking a copy of legislation that has been introduced regarding an
increase in the one-way fare to $3.00 and a reduction in a token roll to
$8.00 for commuters. Donald Richardson: Does the Council know what the
impact will be on trash transportation or municipal trucks going back and
forth? Councilor Pease: I would be interested in a small business or
municipality pass.
     Motion by Council President Amerigian, seconded by Councilor Murphy
that the Administrator communicate with Senator Paiva-Weed that, from what
we have heard, Council supports the  concept of the legislation and would
like a copy. So unanimously voted.

Motion by Councilor Murphy, seconded by Councilor Wright that Council
President Amerigian work on a letter regarding Council's concern for the
loss of jobs for residents of Jamestown as he sees appropriate, requesting
feedback and to be kept abreast. So unanimously voted.

2)   Country Club leases (continued from 01/26/98; previously addressed)
Sean McCarthy: We started the lease process in September; we have not been
able to operate for 6 months, which is costly; the Town is making it
incredibly difficult to move forward; it should not be such a difficult
process to start a business in Jamestown; the issue of the sign is most
important; also, who will arbitrate the utility appropriation? Motion by
Councilor Murphy, seconded by Council President Amerigian that the
prospective lessee meet with the Solicitor, and continue this matter to
February 23. So unanimously voted.

3)   Removal of Bay Street light
  a) Letter/petition from residents
  b) Letter from Mary M. Webster
  c) Letter from Eric Senior and Pia Peterson
(previously addressed)

4)   Proposed land bank (continued from 02/02/98 work shop) 
(Discussion of various forms of funding) Council President Amerigian: I
feel this is fair a compromise and may be complimented by an impact fee on
building permits later on.
     Councilor Wright: It can be brought up at the financial town meeting
as well; a penny added to the tax rate would raise $6,400.
     Council President Amerigian directed the Solicitor to work on wording
for an  exemption, and the manner upon which voters would vote to set the
percentage rate and report back on February 23.

COMMUNICATIONS

1)   Letter and photographs from Francis R. Costa re: Decatur Avenue
right-of-way
Motion by Councilor Wright, seconded by Councilor Murphy to direct the
Solicitor to write to Mr. Costa and refer him to the environmental
advocate of the Attorney General's office. So unanimously voted.

2)   Grievance from the IBPO Local 305 re: Officer Thomas Balcom    
Motion by Council President Amerigian, seconded by Councilor Murphy to
accept the communication. So unanimously voted.

NEW BUSINESS

1)   New pole (2) location request from EUA/Newport Electric Corporation
re: Fort Wetherill Road
Motion by Council President Amerigian, seconded by Councilor Murphy that
the Administrator speak to the Public Works Director and continue this to
February 23. So unanimously voted.

2)   Claim from Dennis Quinn for Equity Growth Corporation
Motion by Councilor Murphy, seconded by Council President Amerigian to
refer this  to the Solicitor. So unanimously voted.

3)   Peddler license renewal application:
Applicant
A. B. Munroe Dairy
Motion by Councilor Murphy, seconded by Councilor Pease to approve the
renewal, subject to resolution of taxes and debts and signatures of all
appropriate local officials. So unanimously voted.

4)   Private Investigator license renewal applications:
Applicant
Malcolm Brown
Robert Jannelle
Motion by Councilor Murphy, seconded by Councilor Pease to approve both
renewals, subject to resolution of taxes and debts and signatures of all
appropriate local officials. So unanimously voted.

5)   Sunday Sales license renewal applications:
Applicant
Bay Voyage Dining
Central Garage
Conanicut Hardware
Dutch Harbor Boatyard, Inc.
Gallery (The)
Jamestown Boat Yard
Jamestown Designs
Jamestown Golf & Country Club aka Caddy Shack
Jamestown Oyster Bar
Jamestown XTRA Mart
McQuade's Laundromat
McQuade's Supermarket
Narragansett Cafe
North End Bargain Center
Ocean State Scuba
Schoolhouse Cafe
Video Showcase
Motion by Councilor Pease, seconded by Councilor Murphy to approve all
seventeen renewals, subject to resolution of taxes and debts and
signatures of all appropriate local officials. So unanimously voted.

6)   Trash Collector license renewal application:
Applicant
Island Rubbish Service, Inc.
Motion by Councilor Murphy, seconded by Councilor Pease to approve the
renewal, subject to resolution of taxes and debts and signatures of all
appropriate local officials. So unanimously voted.

Damage claim: Mr. Anthony: Regarding the claim of John Brittain, I 
recommend payment of the lowest estimate.
     Motion by Councilor Murphy, seconded by Councilor Wright to approve
payment of the lowest estimate, subject to obtaining a release from Mr.
Brittain. So unanimously voted.

ISTEA funds: Donald Richardson: Why wasn't a letter sent to RIDOT refusing
the money?  Council consensus: unknown.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Murphy, seconded by Councilor Pease to adjourn the meeting at 10:54 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk