TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
February 23, 1998

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:30 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
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Commission Chair
Samuel Paterson, Harbor Master
Quentin Anthony, Esq., Town Solicitor

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

Water conservation relating to upcoming water restrictions: Motion by
Councilor Wright, seconded by Councilor Murphy that Council President
Amerigian develop a proclamation announcing Council support of water
conservation.
     The Administrator was asked to speak to the school superintendent
about conservation measures there.
     Council President Amerigian stated he would provide the text to The
Jamestown Press on February 24. Motion so unanimously voted.

Motion by Councilor Wright, seconded by Councilor Murphy to move agenda
item VIII, 5 to this point. So unanimously voted.

Proposed water conservation ordinance: Referring to a draft prepared by
the Solicitor, motion by Council President Amerigian, seconded by
Councilor Pease to add the following language as clause 2 and renumber the
remaining: "The use of water for commercial car wash or laundromat
operations between the hours of 6:00 AM and 9:00 AM, between 11:00 AM and
1:00 PM, and between 5:00 PM and 8:00 PM is prohibited."; that clause 3
should have the words "no later than" added before the date; that
imprisonment should be eliminated from clause 4; and that clause 5 state
the moment of effect be 12:01 AM on March 9. So unanimously voted. Motion
by Council President Amerigian, seconded by Councilor Murphy to advertise
the proposed ordinance for public hearing on March 5 at 7:30 PM at Town
Hall.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Pease to call a special meeting of the Town Council on Thursday,
March 5 at 7:30 PM at Town Hall for the purpose of conducting a public
hearing on the proposed water restrictions ordinance.
     So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Consideration of outside bar at Trattoria Simpatico (continued from
02/09/98): Mr. Anthony: The stenographic transcript from the Zoning Board
hearing has been ordered. Council consensus: continue to March 9.

CONSENT AGENDA

Councilor Dolce asked that items #4b and 6a be removed from the consent
agenda.
     Council President Amerigian asked that items #2a and 4a also be
removed. Councilor Wright asked that item #6c be removed as well.  Motion
by Councilor Amerigian, seconded by Councilor Murphy  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: 02/09/98 (regular meeting)
3)   Copies of minutes of board and committee meetings
  a) Town Administrator Search Committee (01/28/98)
  b) Jamestown Housing Authority  (01/14/98)
  c) Board of Canvassers (01/17/98)
5)   Invitation from the City of Newport re: 42nd Annual St.
     Patrick's Day Parade (03/14/98)
6b)  RIDEM notices: Insignificant Alteration - Permits
  i) Lawrence Ung, RI Department of Mental Health:  request for
preliminary determination (Plat 15, Lot 348; approximately 100 feet east
of Stanchion Avenue)
  ii)   Kristen Netro c/o Ecological Association, Inc.: request for
preliminary determination (Plat 2, Lot 176; approximately 150 feet west of
America Way)
7)   RICRMC notices (finding of no significant impact):
  a) Joseph J. Oliveira to replace damaged piling (Plat 1, Lot 229; East
Shore Road)
  b) Chris and Cynthia Antonelli to construct a bank walkover structure
and install a 10' gazebo (Plat 15, Lot 208; 221 Seaside Drive)

2a)  Adoption of Council minutes: 02/02/98 (land bank work shop): Motion
by Council President Amerigian, seconded by Councilor Dolce to amend page
1, Ms. Bryer's presentation, following the phrase "between 1990 and 1997"
to add: "the amount of vacant land was reduced from 46.2% of the total
land area to 35.6% of the total land area during that time". So
unanimously voted. Motion by Councilor Wright, seconded by Councilor
Murphy to accept the minutes as amended. So unanimously voted.

4)   Resolutions from other municipalities
  a) Town of Cumberland re: Narragansett Bay: Motion by Council President
Amerigian, seconded by Councilor Murphy to accept the communication.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to continue the matter to March 9, in order for the Clerk
to obtain a response from the Narragansett Bay Commission.
     So unanimously voted.

  b) Realty Tax Stamps (Towns of Exeter, Narragansett, Westerly and North
Kingstown): Motion by Councilor Wright, seconded by Councilor Dolce to
authorize the Clerk to prepare a resolution similar to North Kingstown's.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Dolce to authorize Council President Amerigian to sign the
resolution. So unanimously voted.

5)   Invitation from the City of Newport re: 42nd Annual St.
     Patrick's Day Parade (03/14/98)
Councilor Murphy stated he will attend; Council President Amerigian also
may. Motion by Councilor Pease, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

6)   RIDEM notices:
  a) Memorandum re: reissuance of the RIPDES general permits for storm
water discharge associated with industrial and construction activities:
Responding to Councilor Dolce, Mr. Goslee said it had no effect on
Jamestown.
     Motion by Councilor Wright, seconded by Councilor Pease to accept the
memorandum. So unanimously voted.

  c) Public hearing notice (03/18/98) re: proposed wetland rule change:
Mr. Powell: The Conservation Commission will discuss this at its next
meeting, which is prior to the hearing.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to accept the notice. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

(none)

OPEN FORUM

1)   Scheduled Requests to Address
  a) Catherine M. Piwoni re: traffic noise: The volume of noise from
traffic on the Jamestown Bridge and connector road is intolerable; in
1994, there were a number of meetings with RIDOT officials, during which
we were assured that RIDOT would do a decibel study after the plantings
were  in place; that has not been done yet, to my knowledge; this is very
disturbing; I have lost of use of my yard; I am asking Council to address
RIDOT and ask if they are planning to conduct a study, when it will be
done and by whom, and who will receive results; perhaps then we can move
forward with noise abatement devices.
      Motion by Councilor Wright, seconded by Councilor Murphy that the
Administrator send a copy of Ms. Piwoni's letter to the RIDOT director or
other appropriate official, with a note asking for comment and a response.
     So unanimously voted.

2)   Non-Agenda Requests to Address: (none)

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Motion by Councilor Murphy, seconded by Councilor Pease to approve the
request of Central Baptist Church to use the Town Hall parking lot and
restrooms, and the Administrator is to convey any concerns to them.
     So unanimously voted.

Claiborne Pell Bridge tolls (Senate Bill 98-S 2315): Motion by Council
President Amerigian, seconded by Councilor Wright that the Administrator
call Senator M. Teresa Paiva-Weed and relate Council's concerns regarding
the possible impact on local businesses. So unanimously voted.

2)   Conservation Commission: Motion by Council President Amerigian,
seconded by Councilor Murphy to interview all four interested individuals
beginning at 6:30 PM on Thursday, March 5. So unanimously voted. Motion by
Councilor Dolce, seconded by Councilor Murphy to request the attendance
records for the last term for each incumbent.
     So unanimously voted.  Appointments will be scheduled for March 9.

3)   Fort Wetherill Committee: Motion by Council President Amerigian,
seconded by Councilor Wright to interview four individuals beginning at
7:45 PM on Thursday, March 5, and the remaining four beginning at 6:30 PM
on Monday, March 9. So unanimously voted. Appointments will be scheduled
for March 9.

4)   Memorandum from the Building Official re: proposed permit fee
schedule revisions: Motion by Councilor Wright, seconded by Councilor
Murphy to postpone discussion until Marc 9 awaiting instructions for any
need to advertise. So unanimously voted.

5)   Proposed water conservation ordinance (Solicitor): previously
addressed

UNFINISHED BUSINESS

1)   Ambulance building report (Among others, the following Ambulance
Association members were present: Patti Campo, Commander, Thomas Greig and
Frank Siebel, as well as architect Andrew Yates) Motion by Councilor
Murphy, seconded by Councilor Wright to accept the report and thank Andrew
Yates, AIA, and turn the report over to the Ambulance Association to
assist in the planning and implementation of constructing an addition, and
that the Champlin Foundations funds be released to the Association so they
can get started with construction.
     Councilor Wright: They need to be aware of all regulations.
     Councilor Murphy: Understood; plans have been submitted; they feel
they can complete it with the available funds.
     Mr. Greig: That is correct. Councilor Murphy: OSHA requirements were
not addressed. Mr. Yates: There are integrated requirements; additionally,
there are two major encroachments which merit examination by a registered
land surveyor.
     Mr. Siebel: We have submitted plans to the Building Official; we will
have no problem getting them stamped. Council President Amerigian: I
support this based upon the condition that the Association does not come
back to the Town requesting more money.
     Ms. Crawford: With other Champlin Foundations funds, the Town is the
depository; bills go before the Council for approval and the Town cuts the
checks.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to amend the motion to authorize the Ambulance Association to begin
construction and submit bills to the Town Administrator as they are
incurred. Amendment so unanimously voted. Main motion, as amended, so
unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian that the Administrator look into the encroachment
issue and report back as needed. So unanimously voted.

(Matthew Bolles, Parks, Beaches and Recreation Director and Donald
Armington, Harbor Management Commission Chair arrived at this point; about
9:15 PM.)

2)   Proposed skate facility: Lisa Tyre: I represent a group which is
strongly opposed to siting this facility on Eldred Avenue; (copies of a
petition with 54 signatures were distributed to Council members and the
Clerk; no original); the problems would be noise, expense, supervision,
and bathroom facilities; it is an activity mostly for boys; you are
sending a message by building a facility for them and neglecting girls.
     Beth Weibust: My son is a skateboarder, and daughter an inline
skater; the facility will be for both of them and open to all; other
issues raised by Ms. Tyre have been addressed by insurance guidelines. Mr.
Bolles: Our experience with the Eldred Avenue site (soccer field) was long
with opposition; if built, the skatepark should be built to succeed; with
user fees and family use, I think the Lawn Avenue site supports it better;
it will be a high risk facility; a 1991 grant enabled us to develop the
remaining acreage at the school property for active recreation in
perpetuity; there is ample parking and better amenities.
     Arthur Ciano: Current users do not use the lot; I support the Eldred
Avenue site.
     Barbara Ciano: My property abuts the Lawn Avenue site directly; there
has not been enough investigation into additional activity and congestion;
the neighbors are already burdened and bombarded by noise, lights, traffic
and nighttime disturbances; there is no peace all year long (children and
busses); the governing boards have a responsibility to ensure the safe
well being of all neighborhoods; we are being discriminated against.
     Ms. Weibust: It has been a recreational and school area since the
1950s.
     Richard Allphin: As a member of the Zoning Board, commercial outdoor
recreation is prohibited in all zones.
     Mr. Anthony: The Zoning Official has ruled that this would be
considered a governmental use.
     Peter Vetter: Is the East Shore Road site still being considered?
Council President Amerigian: The Solicitor says there are no restrictions
on it, but the concept of adjacent facilities and amenities does not make
sense to put it there.
     Mr. Vetter: Has a use study been performed? Susanne Reynolds: Six
months ago, the children came up with about 150 potential users.
     Mr. Bolles: It will cost about $9,000 to $10,000 annually for the
supervisor; the main cost is staffing, since it will not be a high
maintenance facility.
     Ms. Weibust: In Barrington, there is a one-time membership fee for
residents, higher for non-residents.
     Mary Lovegreen: Warwick is charging $7 or $8 per visit.
     Frank Caswell: It is abhorrent to me that children would bear the
load of paying for the maintenance of this facility.
     Ramona Kelley: My son has been involved in various recreation
programs for over a decade; I know of no child who has been denied
participation due to a fee.
     Motion by Councilor Wright, seconded by Councilor Murphy to authorize
the Jamestown Friends of Skaters to petition the Zoning Board of Review
for needed relief for constructing a skatepark facility at the school site
and consent to a petition being filed by the Jamestown Friends of  Skaters
as the land owner.
     Councilor Dolce: I am concerned about intensification of use at
school facility, and therefore, do not support that site.
     Motion so voted by 4 in favor, Councilor Dolce opposed..

3)   Country Club leases: (letter from Sean McCarthy and David W. Simmons,
dba Sobstad Northeast): Mr. McCarthy: We need relief for any kind of sign
whatsoever; we are proposing a separate sign, 20 square feet, in line with
the existing sign.
     (Discussion regarding sharing sign space with the other lessee.)
Motion by Councilor Wright, seconded by Councilor Murphy to approve this
sign design, as depicted in the communication.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Wright that the Administrator coordinate with the other lessees
(Mistowskis) the integration of two signs on the existing poles.
     So unanimously voted. Mr. McCarthy: We are planning on removing the
bar and two waiter stations and the step up into the recreation section;
we will add a temporary wall in the kitchen to segregate the Town storage
area; that has been reviewed with the Building Official and an engineer;
nothing which is slated to be removed is load bearing; the RISE inspection
will help us upgrade the lighting system; the separation of uses has to be
accomplish before our insurance will cover us; Mr. Bolles will have a key
for the door with the access ramp; the former Administrator asked us to
store the bar; we can try, but it will not be in a very usable state.
     Mr. Goslee: Egress has to remain available; you should check with the
Fire Marshall.
     Mr. McCarthy: There are many broken windows and fixtures; we do not
want to be responsible for existing damage.
     Councilor Dolce: Make a list and review with the Administrator and
Public Works Director.
     Council consensus: continue the discussion of proposed repairs to
March 9. Motion by Councilor Pease, seconded by Councilor Murphy approve
alterations to the interior of the upper level of the building, with
removal of nonload bearing walls, the bar and plywood floor under the
supervision of the Public Works Director and the Building Official and
with all appropriate permits, if any.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to authorize Council President Amerigian to sign the lease
for the upper level of the country club.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy that the Public Works Director examine the premises,
get estimates on cost and parts availability, discuss with the tenant and
report to Council on March 9. So unanimously voted.

4)   Proposed land bank: (Councilors had received a letter from the
Solicitor.): Mr. Anthony: The Home Rule Charter requires voting at an
election event, not at a financial town meeting.
     Motion by Councilor Wright, seconded Councilor Dolce to ask the
Solicitor to proceed with potential legislation dealing with a variety of
rates for a land bank conveyance fee, and schedule another work session to
discuss a proposed land bank.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Wright to schedule a Council work session on Thursday, March
12 at 7:30 PM at a location to be announced. So unanimously voted.

5)   New pole (2) location request from EUA/Newport Electric Corporation
re: Fort Wetherill Road: Motion by Councilor Murphy, seconded by Councilor
Wright to approve the request, subject to the review of the Public Works
Director. So unanimously voted.
6)   Proposed zoning ordinance amendments: Mr. Anthony: I met with Mr.
Powell regarding the Open Space designation and have looked at satellite
parking for ferry service and aquaculture; I have corresponded with the
Town Planner and Planning Commission Chair regarding aquaculture;
regarding parking, there are serious problems; I will send something to
the Councilors; I gave the information on the R-8 setbacks to the Planning
Commission Chair a while ago. Council consensus: continue to March 9.

COMMUNICATIONS

1)   US Department of Commerce, Bureau of the Census re: Census 2000:
Motion by Councilor Wright, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

2)   RI Department of Administrator, Office of Municipal Affairs re:
notice of proposed property tax rate change: Motion by Councilor Dolce,
seconded by Councilor Murphy to accept the communication.
     So unanimously voted.

NEW BUSINESS

1)   Request for permission for the use of Potter Cove/Taylor Point from
Save the Bay re: 22nd Annual Save the Bay swim (08/01/98): Motion by
Councilor Murphy, seconded by Councilor Wright  to approve the request,
subject to the usual insurance conditions.
     The Administrator will check into the costs to the Town.
     Councilor Murphy withdrew his motion.
     Motion by Council President Amerigian, seconded by Councilor Wright
that the Administrator find out what the public safety service
requirements are and report back to Council on March 9. So unanimously
voted.

2)   Approval of Marine Development Fund budget: Motion by Councilor
Wright, seconded by Councilor Pease to approve the 1998 - 1999 Marine
Development Fund budget as presented. So unanimously voted.

3)   One day peddler license application:
     Applicant            Dates
     Central Baptist Church     05/25 and 06/20/98
Motion by Council President Amerigian, seconded by Councilor Murphy to
grant the license for both dates, subject to obtaining the signatures of
all appropriate local officials.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to waive the fees. So unanimously voted.

4)   Peddler license renewal applications:
Applicant
     Cove Grill (fka Snack Shack)
Mr. Anthony: The Council has the authority to issue licenses and establish
conditions of operation; the Building/Zoning Official's  position is, if
it operates beyond the daily and seasonal closing times of the beach, it
is an expansion of a nonconforming use, which would require Zoning Board
approval.
     John A. Murphy, Esq.: I spoke to him today; he is deferring to
Council as to whether or not the license should be issued; if the license
is approved for more hours than the beach's, he will refer my client to
the Zoning Board.
     Alfred Bingle: I will not go beyond Labor Day; I am asking for an
electrical hook up, and to be open until sunset.
     Mr. Murphy: The beach is used by the public until sunset; the
electrical hook up not for lights, but for electrical equipment within the
unit; the unit will not be stored overnight at the beach; it will be
stored elsewhere in a properly zoned area; if public safety is an issue,
we will pay the expense of paying for a lifeguard to stay until sunset;
the vehicle will be removed within 15 minutes of sunset.
     Councilor Pease: This license has never been linked to lifeguard
hours.
     Councilor Murphy: We need input from the Parks, Beaches and
Recreation Director.
     Mr. Bingle: There will be no tables or chairs. Mr. Murphy: We are
asking only for the vehicle to sell during the operation of the beach
daily through sunset and for the beach season duration, plus electrical
service.
     Mr. Goslee: There is no electric service there now. Mr. Murphy: We
are willing to pay to have service restored. Motion by Councilor Wright,
seconded by Councilor Murphy to grant the renewal of the license under the
current operational hours of the beach until we receive further input from
the Building/Zoning Official and the Parks, Beaches and Recreation
Director, subject to obtaining the signatures of all appropriate local
officials, and continue the remainder of the request to March 9. So
unanimously voted.

     Applicant
     Freddie Bing's Hotdog Thing
Motion by Councilor Murphy, seconded by Councilor Pease to grant the
license renewal, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

     Applicant
     Spinnaker's Cafe
Motion by Councilor Murphy, seconded by Councilor Pease to grant the
license renewal, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

5)   Private Investigator license renewal applications:
     Applicant
     Santino Campo, Jr.
     Ronald Lewis
Motion by Council President Amerigian, seconded by Councilor Murphy to
grant both license renewals, subject to obtaining the signatures of all
appropriate local officials, and both applicants filing the proper bonds.
     So unanimously voted.

6)   Sunday Sales license renewal applications:
     Applicant
     Chopmist Charlie's
     Conanicut Christmas Trees
     Conanicut Island Art Association
     Conanicut Store (The)
     Conanicut Yacht Club
     Cumberland Farms Store #1108
     Hodgkiss Farm
     House of Pizza
     Jamestown True Value Hardware
     North End Antiques
     Portuguese American Citizens Club
     Secret Garden (The)
     Trattoria Simpatico
     Zeek's Bait and Tackle
Motion by Councilor Wright, seconded by Councilor Murphy to grant all
fourteen license renewals, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

7)   Trash Collector license renewal application:
     Applicant
     Waste Management of RI, Inc.
Motion by Councilor Murphy, seconded by Councilor Pease to grant the
license renewal, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 11:49 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk