TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
April 13, 1998
(as amended 04/27/1998)

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:35 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
Frederick W. Brown, Building/Zoning Official
Lisa W. Bryer, Town Planner
J. Christopher Powell, Conservation Commission Chair
Samuel Paterson, Harbor Master
MaryJo Carr, Esq., Town Solicitor

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1)   Request of TV Turn-Off Committee to endorse April 22 - April 28, 1998
as TV Turn-Off Week in Jamestown: Motion by Council President Amerigian,
seconded by Councilor Wright that the Clerk be instructed to draft and
send resolution of endorsement, similar to those of past years.
     So unanimously voted.

CONSENT AGENDA

Councilors asked that items #1d, 4b and 4c be removed from the consent
agenda.
     Motion by Council President Amerigian, seconded by Councilor Wright 
to approve the consent agenda as amended. So unanimously voted. The
amended consent agenda consisted of:
1)   Adoption of Council minutes:
  a) 03/09/98 (regular meeting)
  b) 03/12/98 (land bank work session)
  c) 03/16/98 (special meeting to appoint Ft. Wetherill Committee)
2)   Bills and payroll
3)   Copies of minutes of board and committee meetings:
  a) Zoning Board of Review (02/24/98)
  b) Library Board of Trustees (02/19/98)
  c) Housing Authority Board of Directors (02/11 and 03/11/98)

4)   Resolutions from other municipalities:
  a) Town of Smithfield re: realty conveyance tax
5)   RICRMC notices:
  a) Cease and desist: Philip H. and Kirstin Zhivago for construction,
filling, etc. (Plat 16, Lot 237; 381 Seaside Drive)
  b) Assent: Valerie S. Tessier to construct residential boating facility
(Plat 3, Lot 36; 529 Seaside Drive)
  c) No objection: Estate of Ramsey Wetherill to replace cesspool with
sewer tie-in (Plat 8, Lot 268; 50 Bay View Drive)
  d) No significant impact: Joseph G. Samartano to construct stairs from
existing deck (Plat 5, Lot 8; 165 Seaside Drive)
  e) No significant impact: James P. Bishop to construct addition, deck,
etc. (Plat 8, Lot 268; 50 Bay View Drive)
  f) Application: Walter and Diane Wallace to construct residential
boating facility (Plat 2, Lot 102; 32 Orient Avenue)
6)   RIDOT construction notice: Southwest Avenue and Beavertail Road
(04/15/98 to 04/30/99)
7)   Letter from USEPA re: environmental compliance of public agencies
8)   Calendar of events and invitation (05/09/98) from Trinity Repertory
Company
9)   Seminar notice (05/04/98) from Johnson and Wales University
10)  Abatements/Addenda of taxes report of Tax Assessor received 04/09/98

1d)  Adoption of Council minutes (03/23/98; regular meeting): Councilor
Murphy noted the following corrections:
  page 5, item 7: typographical "sued" should be "used"
  page 6, item 1a): reword the motion to read "....Council applauds her
efforts to help reduce tolls to local users, however wishes to reiterate
specific concerns."
  page 7, item 6: reword the motion to read " .....Administrator to
provide present exemption and any additional information necessary for
Council."
  page 11, Executive Session, last sentence: delete second "by 4 in favor"
entry.
Councilor Wright noted the following correction:
  page 4, item 3c): reword the motion to read "...terms ending 12/2000 and
that Grace M. Mariorenzi serve as an associate member (non-voting) for an
unspecified term."
Motion by Councilor Dolce, seconded by Councilor Wright to approve the
minutes as amended. 

4)   Resolutions from other municipalities:
  b) Town of Cumberland re: school nurses
Motion by Council President Amerigian, seconded by Councilor Wright to
forward a copy to the School Committee and get reaction from them as to
whether or not it will impact our costs.
     So unanimously voted.  Motion by Councilor Wright, seconded by
Councilor Murphy to accept the communication. So unanimously voted.

  c) City of Burrillville re: Law Enforcement Officers' Bill of Rights
Ms. Crawford: Chief Tighe supported the first bill, as did the Police
Chiefs Association; he does not support the new bill.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to accept the communication. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT
(None)

PUBLIC HEARINGS

1)   Proposed amendment of Section 6-2 of the code of ordinances
(Building; Construction; Related Matters); permit fees (copy attached
hereto): Council President Amerigian opened the hearing at 8:46 PM.
     There being no requests to  comment in support or opposition, the
hearing was closed at 8:47 PM.
     Motion by Council President Amerigian, seconded by Councilor Wright
to adopt the amendment as advertised. So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address
Richard R. Melucci, 52 Lawn Avenue: The school busses in our neighborhood
start early and idle a long time; the fumes come into my house.
     Ms. Crawford: I was unable to reach the school superintendent, but
will pursue; the busses were relocated due to site remediation at Town
Offices, which is not yet complete.

Karen E. Coffman, 48 Lawn Avenue: The fumes are a problem; they are parked
to the end of the street, blocking my view; I already spoke to Dr. Gallo;
she was under the assumption they were going to be moved back; also, bus
company wants them all in one location; they said they are willing to pave
a location if the Town can identify a site.
     Motion by Councilor Dolce, seconded by Councilor Wright to direct the
town Administrator to gather information and report back on April 27.
     So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (oral): The Recreation Director is
working on drainage of the Eldred Avenue field and getting all fields
ready for summer; the OSCAR grant has been awarded; the Public Works
Director reports greater water use this past holiday weekend; he is
working on getting a used street sweeper, as well as working on
handicapped accessible bathrooms for the country club; the Town Planner is
finalizing the CDBG application, and preparing the community survey for
mailing; responses to our request for proposals for a municipal building
feasibility study is due April 17; there was a bad rain storm late in the
evening of April 10; there was some damage to the water tower's staging
and covering; all has been addressed and the project is still on schedule.

Country club: Motion by Councilor Pease, seconded by Councilor Wright to
move forward and sign the landlord's agreement with Sobstad Northeast,
pending confirmation that it meets the Town's requirements.
     So unanimously voted.

Police automobile: Motion by Councilor Murphy, seconded by Councilor
Wright to approve the purchase of one police vehicle from AMI as the sole
bidder for a total of $24,023.00, subject to the bid specifications and
budget. So unanimously voted.

2)   Harbor Management Commission
a)   Plan for infrastructure development: Motion by Councilor Wright,
seconded by Councilor Pease to table discussion until later in the meeting
after the HMC Chair arrives. So unanimously voted.

b)   Resignation from Patricia Jutras: Motion by Councilor Amerigian ,
seconded by Councilor Murphy to accept the resignation, with thanks for
her years of service. So unanimously voted.

c)   Letters of interest for three vacancies: Motion by Councilor Wright,
seconded by Councilor Dolce to include David Laurie's late letter of
interest in the consideration.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to set up interviews on May 4 beginning at 7:00 PM,
and mention when scheduling that the riparian applications should be
prepared to give an explanation of their riparian rights.
     So unanimously voted.

3)   Highway Barn Committee: Motion by Councilor Wright, seconded by
Councilor Murphy to appoint William Adolphus Briggs, Jr., AIA. So
unanimously voted. Motion by Councilor Wright, seconded by Councilor Pease
to appoint Arek W. Galle, ASLA, subject to the positive resolution of his
conflict of interest concerns. So unanimously voted.

4)   Fire Department Compensation Committee: Motion by Councilor Murphy,
seconded by Councilor Wright to appoint Corey Hanson.
     So unanimously voted. (No term expiration defined.)

(Donald T. Armington, Harbor Management Commission Chair arrived at this
point; 8:12 PM.)

5)   Quonset/Davisville Liaison Committee: Motion by Council President
Amerigian, seconded by Councilor Pease to interview five candidates on
April 20 beginning at 6:45 PM, and the remainder on April 27 beginning at
6:45 PM, with appointments to the committee scheduled for April 27.
     So unanimously voted.

6)   Interim report of Parking Committee: Motion by Councilor Wright,
seconded by Councilor Dolce to accept the report. So unanimously voted.

UNFINISHED BUSINESS

1)   Proposed wastewater management district (report from Conservation
Commission): Richard Tyre: Block Island's ordinance has a time element; an
education element is also important; Dr. Veeger's report highlights the
need. Mr. Powell: George Loomis was a paid consultant when we first put
this together; we could do that again; technology has changed tremendously
in the last few years; we will report back on April 27 with an estimate of
the cost of a consultant, and the time needed to do it.
     Mr. Powell: There is a possibility that the Conservation Commission
may be able to pick up some of the cost.
     Motion by Councilor Wright, seconded by Councilor Pease to accept the
Conservation Commission's offer to investigate further, including sole
source aquifer identification. So unanimously voted.

2)   Proposed zoning ordinance amendments (report from Conservation
Commission): Mr. Powell: We are still working on it, and will try to
report on April 27.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to table this matter until April 27. So unanimously voted.

Proposed tree ordinance: Motion by Council President Amerigian, seconded
by Councilor Pease to place this matter on the April 27 agenda per Mr.
Powell's request. So unanimously voted.

3)   Outside bar at Trattoria Simpatico: Motion by Councilor Wright,
seconded by Councilor Pease to put this matter on the April 27 agenda and
notify the owner.
     So unanimously voted. Ms. Carr: Expanding a licensed premises
requires application, abutter notification and public hearing; Council
could communicate with them that you either expect to see an application
for expansion, or will schedule a show cause hearing as to why the license
should not be revoked; the liquor license is clearly the Council's
authority, and not a zoning issue at all.
     Motion by Council President Amerigian, seconded by Councilor Wright
to put this matter on the April 27 agenda for the Council sitting as the
Alcoholic Beverage Licensing Commission. So unanimously voted.

4)   Proposed skate park: Elizabeth Weibust: The Friends of Skaters
applied to the Zoning Board for a special use permit for Lawn Avenue; Mary
Lovegreen contacted the historical society, but found that a meeting had
already been arranged between representatives of the Narragansett Indians
and the State Historical Society; we need to know the status on the
fields; we would not want to pit our children against the Narragansett
Indians; we cannot pay for an archeological dig.
     Council President Amerigian: There were two agreements when the new
school was built; the historical society wanted one signed and the
solicitor advised against it; the second gave the Narragansetts certain
rights to inspect, but I think it only pertained to that construction; the
Building/Zoning Official has given us copies of the local ordinance and
state statute; state law says if it is within 25 feet of a known burial
ground, you must perform a dig; Paul Robinson of the State Historical
Commission recommends a dig based upon the history of the area.
     Suzanne Reynolds: We put the zoning application on hold until we
receive further direction.
     Councilor Pease: The Narragansetts did not object to the sidewalk
installation on Melrose Avenue; I think we should meet with John Brown.
     Motion by Councilor Wright, seconded by Councilor Dolce to 
invite Paul Robinson and John Brown to a regular Council meeting.
     So voted by 4 in favor, Councilor Murphy opposed. Councilor Murphy
asked that Council reconsider the site based on neighbors' concerns.
     Council President Amerigian: I want to hear more from the Recreation
Director.
     Motion by Council President Amerigian, seconded by Councilor Dolce
that the whole discussion be placed on the April 27 agenda, with Messrs.
     Robinson and Brown and the Recreation Director invited. Councilor 
Dolce: We need to follow through with the issues of this site first before
considering another. Motion so voted.

Richard R. Melucci: There is a parking problem on Lawn Avenue. Ms.
Crawford: It will be on the Parking Committee's May agenda.

5)   Elderly tax exemption: Ms. Crawford: The Tax Assessor has been ill.
Motion by Councilor Murphy, seconded by Councilor Pease to table this
matter to April 27. So unanimously voted.

6)   Proposed legislation
a)   Establishment of land bank: Motion by Councilor Wright, seconded by
Councilor Dolce to adopt resolutions as presented and authorize
Representative George R. Levesque and Senator M. Teresa Paiva-Weed to
introduce the proposed legislation to the General Assembly.
     Councilor  Dolce: Did Council intend to utilize the formula as means
to establish moderate income? Council consensus: yes, but not as part of
the legislation.
     Councilor Murphy: I disagree with the exemption of $150,000; that is
shifting the total burden to just over half of the buyers; only 52% of the
transfers last year would have qualified. Motion so voted by 4 in favor,
Councilor Murphy opposed.

b)   Reduction of real estate assessment upon removal of building(s)
c)   Assessment and taxation on new construction
Motion by Councilor Wright, seconded by Councilor Murphy to submit both
pieces of proposed legislation to Rep.
     Levesque and Sen.
     Paiva-Weed for introduction in the General Assembly.
     So unanimously voted.

7)   General legislative review: Council President Amerigian stated he
would make a list and include it in the April 27 packet.
     Motion by Councilor Wright, seconded by Councilor Dolce to ask Ms.
Crawford to speak to Senator Paiva-Weed regarding 98-S-2116 (underground
storage tank remediation) and report on April 27 on how it affects us and
can be best utilized. So unanimously voted.

HMC's plan for infrastructure development (continued from earlier in the
meeting): Mr. Armington: Our goals include better use of the wood pile
pier, resulting in the better situation of vehicles; we would like to
salvage the grant money for these types of projects, and are seeking
Council endorsement of these projects to be considered for funding by
RIDOT.
     Council consensus: public input is needed. Motion by Councilor
Wright, seconded by Councilor Murphy to ask Mr. Armington to write a
letter for Council's approval to send to William Alves of RIDOT, stating
that these are ideas we want feedback on before submitting to the public.
     So unanimously voted.
COMMUNICATIONS

1)   Jamestown Historical Society re: future of Fort Wetherill buildings:
Motion by Councilor Wright, seconded by Councilor Dolce to refer this to
the Fort Wetherill Committee. So unanimously voted.

2)   RI Pollutant Discharge Elimination System (RIPDES) regulations:
a)   RIDEM re: USEPA's proposed changes to the storm water permitting
program
b)   RIDEM notice of proposed permit action (public hearing 05/06/98)
Mr. Goslee: The first document pertains to construction projects of 10
acres or greater; the second is regarding a 5 year review.
     Motion by Councilor Wright, seconded by Councilor Murphy to accept
both communications. So unanimously voted.

3)   Jamestown Millennium Quilt Committee re: depiction of Town
properties: Motion by Council President Amerigian, seconded by Councilor
Pease that Ms. Crawford contact Lee  Howard and indicate approval. So
unanimously voted.

4)   F. J. and Charlotte Zarlengo to RIDEM (copy) re: Plat 16, Lot 12
(John Kalooski) re: new test pipes: Motion by Councilor Pease, seconded by
Councilor Wright to accept the communication.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Murphy to forward a copy to the Conservation Commission for
comment. So unanimously voted.

5)   R. C. Cournoyer Enterprises, Inc. notice to abutters re: Plat 4, Lot
33; 368 East Shore Road (Stephen Evangelista) for ISDS installation:
Motion by Councilor Wright, seconded by Councilor Murphy to communicate
back that Council was unable to receive the notice until April 13, that it
is unfamiliar with the technology, that it wants municipal review of the
site and compliance, and requests an additional 30 days for review and
comment.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Wright to refer same to Ms. Crawford for further investigation
and report back on April 27 and also direct same to the attention of the
Conservation Commission. So unanimously voted.

6)   Dennis H. Webster re: proposed letter to RI Economic Development
Corporation re: Quonset Davisville Port and Commerce Park draft master
plan (submitted revised copy before meeting to Council members only):
Motion by Councilor Murphy, seconded by Councilor Wright that the Council
President be authorized to sign the revised letter as proposed by Dennis
Webster to the Economic Development Corporation. So unanimously voted.

NEW BUSINESS

1)   Sump pump discharges into streets (per Council President Amerigian):
Mr. Goslee: We are trying to address them as we find them as an ongoing
process.

2)   License transfer application:

  Applicant               Type
Parfitt Pizza, Inc.          Victualing
  dba Jamestown Family Pizza

              TO

  Island Family Pizza, Inc.        Victualing
  dba Island Family Pizza

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.

ADJOURNMENT

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

Attest:

Theresa C. Donovan, CMC
Town Clerk