TOWN COUNCIL
JAMESTOWN, RHODE ISLAND

March 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:
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, PRESENTATION AND ACKNOWLEDGMENTS

1)   Motion by Councilor Murphy, seconded by Councilor Pease to adopt a
proclamation honoring Girl Scout Week (03/07/98-03/13/98), as read by
Council President Amerigian.
     So unanimously voted. The proclamation was then presented to the
delegation of Girl Scouts and their leaders.

2)   Proposed tax resolution: Councilor Dolce: Newport, Portsmouth, South
Kingstown and East Greenwich have had enable legislation passed, which
allows assessment and taxation of new real estate construction; it
provides an opportunity to raise additional revenue; currently, it is
possible for a new house to be constructed in Jamestown, but not appear on
the tax role for up to a year and a half from the date of occupation;
there is also a provision that would give credit if the property is
demolished. Ms. Crawford: Based upon the Tax Assessor's estimated
calculations, it could have reduced the tax rate by $.04 last year.
Councilor Dolce: I understand certificates of occupation (CO) are not
always issued, depending upon the circumstances, so that might have to be
addressed; the revenue could be used to purchase open space.
     Mr. Anthony: It would have to go into the general fund; the voters
could then vote at a financial town meeting to set aside a like amount for
that purpose.
     Councilor Wright: Whether a CO is issued or not, as soon as occupancy
occurs, so does the demand for service.
     Councilor Dolce: The current law requires assessment at each December
31; if a lot is vacant on that date, it is taxed that way for at least one
year, even if construction begins January 1; the alternative has worked
very well in Portsmouth, and did not require any additional staff to
administer.
     Motion by Councilor Wright, seconded by Councilor Murphy that the
current law and proposed law be included in the Council packet for the
March 23 meeting for further discussion. So unanimously voted.

3)   Motion by Councilor Wright, seconded by Councilor Dolce to issue a
proclamation honoring Earth Day 1998 (04/26/98) in the  form presented. So
unanimously voted.

CONSENT AGENDA

Councilors asked that items #1, 4b and 7 be removed from the consent
agenda.
     Motion by Councilor Dolce, seconded by Councilor Murphy to approve
the consent agenda as amended. So unanimously voted. The amended consent
agenda consisted of:

2)   Bills and payroll
3)   Copies of minutes of board and committee meetings:
  a) Harbor Management Commission (08/13/97, 09/10/97, 09/18/97
subcommittee, 09/18/97 and 01/14/98)
  b) Zoning Board of Review (01/27/98)
  c) Library Board of Trustees (01/20/98)
4)   Resolutions from other municipalities
  a) Realty Conveyance Tax
     i) Town of Hopkinton
     ii)   Town of Barrington
5)   RICRMC notice of assent: Donald M. and Ann G. Muir to construct and
maintain a residential boating facility (Plat 7, Lot 73; 44 East Shore
Road)
6)   Invitation from Newport Hospital launching the 125th anniversary
celebration of Newport Hospital (03/23/98)
8)   Abatements/Addenda Report of Tax Assessor received 02/26/98

1)   Adoption of Council minutes (02/23/98; regular meeting): Councilor
Wright noted the word "test" should be corrected to the word "text" on
page 1, last line of the first paragraph under "Water conservation".
     Motion by Councilor Wright, seconded by Council President Amerigian
to accept the minutes as corrected. So unanimously voted.

4b)  Resolution from City of Newport re: RI Tourism and Development:
Following discussion, motion by Council President Amerigian, seconded by
Councilor Pease to accept the communication. So unanimously voted.

7)   Meeting notice from RICRMC re: Right of Way Subcommittee meeting
(03/24/98): Motion by Councilor Murphy, seconded by Council President
Amerigian that Ms. Crawford coordinate representation for the Town at the
meeting.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to accept the communication. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

Councilor Wright asked if items #1 and 4 under Unfinished Business
warranted executive session discussion.
     Mr. Anthony: We can discuss the Quattrocchi amended consent agreement
(item #4) in executive session on March 23.
     Council consensus: move item IX, 1 (Keough/West property dispute) to
this point on the agenda.
     Councilor Wright: We were advised that Council had no involvement in
the matter.
     Motion by Councilor Wright, seconded by Councilor Murphy that the
Clerk write a letter advising the parties to that effect.
     So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address (none)
2)   Non-Agenda Requests to Address
Paul A. Robertson: Has there been any response to Council's letter to the
RI Turnpike and Bridge Authority (RITBA)? (none).
     Mr. Robertson: The displaced workers will be unemployed as of April
2; in 1969, the bridge opening put many workers out of work, it closed 4
local businesses and used up many acres; eight employees will now lose
their jobs; raising the tolls will affect Jamestowners and the businesses;
RITBA can well afford to work out a solution for those employees without
further burdening Jamestown.
     Motion by Councilor Wright, seconded by Councilor Pease that the
Administrator identify and call the proper RITBA authorities and press the
case of these Jamestown employees.
     Council President Amerigian: Also, seek a response to the letter.
     Councilor Dolce: I am confused by what has been happening,
considering we have local representation.
     Motion so unanimously voted. Ms. Crawford: I spoke to Senator
Paiva-Weed; she was unaware that there was not already a commercial
frequent-user rate; she has written a letter concerning that and believes
the hearing on the bill will address that.
     Councilor Dolce: We should send letters to Senator Paiva-Weed and
Representative Levesque regarding the inequity of the current fee
structure situation; it puts an unfair burden on Jamestowners, who will be
paying a disproportionate share of the Mount Hope Bridge's maintenance, as
well as having an impact on local workers displaced by the toll removal;
they need to inform us of the progress of the bill and the hearing date.
     Motion by Councilor Wright, seconded by Council President Amerigian
to authorize Councilor Dolce to write letters to Jamestown's legislators
to that effect. So unanimously voted.

Francis W. Caswell: What is the status of the skate park application? Ms.
Crawford: The Friends of Skaters made the Zoning Board's deadline for the
April 28 hearing.
     Arthur T. Ciano: Will that be a variance or special use permit
request? Richard W. Allphin (Zoning Board Vice Chair): I think it is a
special use.

Mr. Powell: April 25 will be Jamestown's Earth Day clean up.

John H. West: We are not completely satisfied; this is such an unusual
situation; the Town was possibly remiss or unaware of what was going on;
two surveyors have surveyed it; a deed was not recorded for about 10
years; that may have contributed to this hopeless situation; we are
stalemated; our neighbor has filed a notice to dispute adverse possession;
this is a cloud on our property; we want to deed over lot #840 from the
Conanicut Park plat to Robert F. Keough, Jr., but he does not want to
accept it; they were separate lots that the Town combined; I understood 
that was done for the purpose of numbering for the Tax Assessor's
identification.

Barbara J. West: We went before the Zoning Board asking them to divide the
lots so we do not have to pay taxes on it, which is $500 annually on the
land under the house he is living in; we have already spent $6,000 in
legal fees, and have been advised it will cost another $20,000 to pursue
further with Superior Court; the Town allowed our house to be built on a
paper road; we moved there not knowing that; it was later discovered
through a survey; we are trying to give him the land but he will not
accept it.
     Mr. West: This was apparently done in the 1930s. Mr. Anthony: The
Assessor routinely makes adjustments based upon presented surveys.
     Council President Amerigian: You may want to let the Assessor know if
there is less property available to your use than what you are being taxed
upon and go from there.

Robert F. Keough, Jr.: The neighbor on the other side of the Wests did
something similar to that and obtained tax relief; we might have had a
chance to straighten it out with Paul Martellino, Esq. [consulted by
Council], but he never contacted me; maybe he did not have enough
information.
     Councilor Murphy: The Council cannot resolve private property
disputes.
     Mr. Keough: I thought Mr. Martellino was going to determine if the
Town had any involvement.
     Mr. Anthony: No; he was hired to advise Council, not act as a
mediator or arbitrator.
     Mr. West: I think it was a matter of consent among the neighbors in
the 1930s, but it has come back to haunt us.
     Mr. Keough: The Wests' property was in limbo for about 40 years; it
came back on the books through a tax collector's deed; the planning
department wrote a letter stating the Wests own the land under my house;
with that, they have taken me to court to evict me.
      Mr. Anthony: No planning, zoning or  building official or the clerk,
no one in this Town makes determinations of title; that is determined by
Superior Court; any letter written to that effect is the opinion of that
person and has no legal weight whatsoever.

Chief Christman: I request cooperation from the Town and police department
to establish a no parking area around the temporary dry hydrant set up
near the wooden pier; that needs to be open at all times, to run in
conjunction with the water restrictions.
     (Council agreed to address later.)

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Water supply: We connected with North Kingstown this morning and are now
off our water tower; the water tanker was up there for wash down.
     Mr. Goslee: The tank has about 50 feet of water in it, but we are not
on it.
     Ms. Crawford: Regarding the exterior paint color, the US Coast Guard
was not concerned for navigation; I spoke to the Federal Aviation
Administration; they are only concerned about continuous lighting, not
color.
     Motion by Councilor Wright, seconded by Councilor Murphy to use delft
blue paint for the exterior of the water tower, per the color chart
provided by the Administrator.
     So unanimously voted. Mr. Goslee: The antennas will be painted the
same color.

Country club repairs: Motion by Councilor Murphy, seconded by Councilor
Pease that the Administrator be authorized to spend an amount not to
exceed $75.00 for repairs of windows at country club from the golf course
account. So unanimously voted.

Ambulance barn addition: Motion by Council President Amerigian, seconded
by Councilor Pease that the Building Official look at the survey for the
Bay View Condominiums, and that the Administrator solicit quotes and
report to Council on March 23.
     So unanimously voted. Councilor Murphy: I want an official answer on
March 23 as to whether there is an easement or not.

2)   Conservation Commission (3 vacancies; continued from 02/23/98):
Motion by Council President Amerigian, seconded by Councilor Pease to
table action to March 23.
     So unanimously voted. Council consensus: interview Kevin Sutherland
at 7:15 PM on March 23.

3)   Fort Wetherill Committee (5 vacancies; continued from 02/23/98):
Motion by Councilor Wright, seconded by Councilor Murphy that Councilor
Dolce be the Council representative on the committee.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy that the Council interview Gerald B. Bay at 6:45 PM on
March 16, and to call a special meeting of the Council at 7:00 PM on that
date for the purpose of making appointments to the committee.
     So unanimously voted.

(Donald T. Armington, Harbor Management Commission Chair, arrived at this
point; 9:25 PM.)

4)   Planning Commission
a)   Memorandum re: recommendation for adoption of tree ordinance:
Following lengthy discussion, motion by Councilor Murphy, seconded by
Councilor Wright to return the ordinance draft to the Conservation
Commission with Council's comments, for the Commission's review and return
to Council.
     Councilor Murphy gave his edited copy to Mr. Powell. Motion so
unanimously voted.

b)   Memorandum re: Quonset/Davisville Port & Commerce Park: Motion by
Councilor Murphy, seconded by Council President Amerigian to establish a
Quonset/Davisville Liaison Committee, consisting of 3 to 5 members and be
so advertised, with the charge being: to study the proposal for the
development of the industrial park, evaluate the impact on Jamestown, and
recommend appropriate action, if any, to the Town Council.
     Chief Christman: The local emergency planning coordinator (me) and
the harbor master should be on that board.
     Mr. Powell: As should at least one member from the Planning
Commission. Motion so unanimously voted.

c)   Memorandum re: sign at country club: Ms. Crawford: The Mistowskis
(golf course operators) want to keep the sign as is.
     Charles Masso: I refurbished the sign when I leased the upper level;
it says "restaurant".
     Council President Amerigian: Convey to the Mistowskis that we want to
integrate both businesses into one sign, with the country club having the
prominent portion of the sign.
     Motion by Councilor Dolce, seconded by Councilor Murphy to direct Ms.
Crawford to speak to the tenants and resolve the sign issue resulting in
one sign. So unanimously voted.

Emergency parking ordinance: Motion by Councilor Murphy, seconded by
Councilor Dolce to adopt the following ordinance (as read aloud by
Councilor Dolce):

EMERGENCY ORDINANCE RELATING TO
PARKING AT THE EAST FERRY

The Town of Jamestown hereby ordains that parking of vehicles is
prohibited in that area of the East Ferry ten (10) feet southerly of the
sidewalk which is bounded northerly by the East Ferry Marina Basin in
order to provide access to a dry hydrant located on the "Wood Pier" by
emergency vehicles.

This ordinance shall be effective upon passage and appropriate signage
shall be erected forthwith.

So unanimously voted. [As an emergency ordinance, its repeal will be
automatic on May 9, 1998.]

5)   Memorandum from the Harbor Management Commission re: terms: Motion by
Council President Amerigian, seconded by Councilor Murphy to accept the
memorandum and advertise 3 vacancies, specifying the classifications (East
Ferry riparian, outside waters riparian and environmental representative).
     So unanimously voted.

6)   Report from the Fire Department Compensation Committee re: current
membership: Motion by Councilor Wright, seconded by Councilor Dolce to
advertise one vacancy for public representation. So unanimously voted.

UNFINISHED BUSINESS

1)   Keough/West property dispute (per Councilor Wright): (previously
addressed)

2)   Proposed skate park (per Councilor Murphy)
a)   Letter from Elizabeth and Larry Allen
Councilor Murphy: The neighbors feel the Town has not lived up to its
commitments to the neighbors of the school; we should come up with a
master plan for that property.
     Motion by Council President Amerigian, seconded by Councilor Wright
that the Friends of Skaters supply a site plan to the Council.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian that the Clerk obtain copies of the  minutes from the
Zoning Board of Review hearing on the new school construction for
Council's March 23 meeting.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to accept the communication. So unanimously voted.

3)   Proposed letter re: legal coverage for the volunteer fire department
(per Fire Chief Christman): The Solicitor stated he would take care of it.

4)   Amended Consent Agreement re: Quattrocchi (per Councilor Wright):
(previously addressed; referred to executive session on March 23)

5)   Memorandum from the Building Official re: proposed permit fee
schedule revisions: Motion by Council President Amerigian, seconded by
Councilor Dolce to table the matter until March 23 and invite the Building
Official to attend that meeting for discussion. So unanimously voted.

6)   Proposed country club repairs: Council consensus: table this matter
until a list of necessary repairs is supplied.

7)   Proposed zoning ordinance amendments: (lengthy discussion about
getting compliance from owners to be affected by Open Space designation
changes, following their review of the draft ordinance, prior to a public
hearing) Motion by Council President Amerigian, seconded by Councilor
Pease that Mr. Powell communicate with RIDEM to overlay the proposed plan
with a map and table further discussion until March 23.
     So unanimously voted.

8)   Request of Save The Bay for permission to use Potter Cove/Taylor
Point (08/01/98): Ms. Crawford: The event did not cost the Town anything
last year.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to approve the request to use the property as a landing site for the
annual Swim the Bay event, subject to all prior stipulations, including
proof of insurance and participants signing release forms.
     So unanimously voted.

9)   Peddler license renewal application of Cove Grill fka Snack Shack
(extension of hours and electrical hook up): Motion by Councilor Wright,
seconded by Councilor Dolce not to extend the hours of operation, based
upon input from the Zoning Official and Parks, Beaches and Recreation
Director.
     Councilor Pease: I know of no hourly limits on any of the other
peddler licenses; the beach is never closed, whether there is a lifeguard
on duty or not.
     Mr. Anthony: The  Zoning Official's position is that any expansion
beyond the beach's normal operation hours is an expansion of a
nonconforming use and needs a special exception from the Zoning Board.
     Councilor Wright withdrew his motion.
     Motion by Council President Amerigian, seconded by Councilor Murphy
that the Clerk report on the hours listed on the Snack Shack's license
renewals for the last 10 years. So unanimously voted.

10)  Response from the Narragansett Bay Commission re: Narragansett Bay
Commission's Combined Sewer Overflow (CSO) Abatement Program: Motion by
Council President Amerigian, seconded by Councilor Wright that the Clerk
send a letter to the sponsoring legislators that Jamestown will be facing
sewer treatment plant repairs also, and unless the legislature will be
writing laws to pay for all of them, we cannot support this bill, and
that, although Council supports the plan itself, it does not support
having everyone pay for it. Motion so unanimously voted.

COMMUNICATIONS

1)   Paul and Cynthia Levesque re: water conservation: Motion by Councilor
Wright, seconded by Council President Amerigian to accept the
communication  and refer it to the Board of Water and Sewer Commissioners.
     So unanimously voted.

2)   Coast Defense Study Group re: demolition of forts at Fort Wetherill
(from Walter Schroder): Motion by Councilor Wright, seconded by Councilor
Murphy to accept the communication and forward a copy  to the Fort
Wetherill Committee. So unanimously voted.

3)   Copy of grievance from the I.B.P.O. Local 305 re: Officer Lori
Meadows: Motion by Councilor Murphy, seconded by Councilor Pease to accept
the communication. So unanimously voted.

4)   Arthur C. Milot re: proposed land bank: Motion by Council President
Amerigian, seconded by Councilor Murphy to accept the communication.
     So unanimously voted. Mr. Anthony will provide a draft ordinance for
public distribution at the work session on March 12.

NEW BUSINESS

1)   Authorize Town Council President to sign contract for painting of
water tower (per Solicitor): Motion by Councilor Murphy, seconded by
Councilor Pease to authorize Council President Amerigian to sign the water
tower painting contract. So unanimously voted.

2)   Elderly tax exemption (per Councilor Murphy): Motion by Councilor
Murphy, seconded by Councilor Pease to table discussion until March 23.
     So unanimously voted.

3)   Loans to Water and Sewer Commission and to the Harbor Management
Commission (per Solicitor): Motion by Councilor Dolce, seconded by
Councilor Murphy to approve a loan to the Harbor Management Commission in
accordance with the terms approved at the financial town meeting on March
2, 1998.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Pease that Craig Amerigian be authorized to sign for the loan on
behalf of the Board of Water and Sewer Commissioners.
     So unanimously voted.

4)   Peddler license renewal application:

  Applicant
  Del's of Jamestown
Motion by Council President Amerigian, seconded by Councilor Murphy that
the Clerk be instructed to collect 10 years of history on the hours and
locations on this application. So unanimously voted.

5)   New license applications:

  Applicant               Type
  Cynthia L. Wolfe           Sunday Sales
  dba Stonecraft Sterling
Motion by Councilor Wright, seconded by Murphy to grant the license,
subject to obtaining the signatures of all appropriate local officials.
     So unanimously voted.

  Applicant               Type
  Kathy T. Bannick           Sunday Sales
  dba Fishwife (The)            Victualing
Motion by Council President Amerigian, seconded by Councilor Pease to
grant both licenses, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

6)   License transfer application:

  Applicant               Type
John W. Albaugh           Sunday Sales
  dba Video Showcase            
              TO
  Peter & Kathy Scull           Sunday Sales
  dba Video Showcase
Motion by Councilor Pease, seconded by Councilor Dolce to grant the
license transfer, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

7)   One-day license application:

  Applicant            Type        Date(s)
  Quononoquottt Garden Club  Peddler     05/30/98 & 09/19/98*
  *requests waiver of license fee
Motion by Councilor Wright, seconded by Councilor Murphy to grant the
license, subject to obtaining the signatures of all appropriate local
officials, and to waive te fee for both dates. So unanimously voted.

Pending legislation: Council President Amerigian: We have all received
notices on legislation which has been introduced; I suggest we make a list
at our next meeting and communicate with our legislators about any in
which we have an interest.
     Motion by Councilor Wright, seconded by Councilor Murphy to put this
matter on the March 23 agenda. So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Council
President Amerigian, seconded by Councilor Pease to adjourn the meeting at
11:17 PM. So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk