TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
May 11, 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
Donald T. Armington, Harbor Management Commission Chair
J. Christopher Powell, Conservation Commission Chair
Samuel Paterson, Harbor Master
Quentin Anthony, Esq., Town Solicitor

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Application to amend license:

CLASS B-VICTUALER
Trattoria Simpatico, Inc.
dba Trattoria Simpatico
13 Narragansett Avenue

  a) Letter from Betty L. Hubbard

John A. Murphy, Esq. (representing applicant): The current license refers
to a 1994 Zoning Board decision; we are asking that the license be amended
to reflect the 1998 Zoning Board decision; when I appear before you during
the public hearing, I will have a landscaping plan regarding the bar.
     Mr. Anthony: Is the advertising to include the existing building and
outside bar? Mr. Murphy: We have permission to serve liquor outside; we
are seeking to amend the license to reflect the most recent decision of
the Zoning Board of Review.
     Discussion followed regarding the wording of the legal advertisement.
     Richard Allphin (Zoning Board Vice-chair): We did not approve
anything with regards to an outside bar and bottles.
     Motion by Councilor Wright, seconded by Councilor Murphy to instruct
the Clerk to prepare the legal advertisement as she sees fit, using the
example presented by her as a guide, then present same to Mr. Murphy; if
that is not in a form that is satisfactory to him, it will not be
advertised and Mr. Murphy must return to the Council before proceeding; if
it is favorable, public hearing on the application is scheduled for
Monday, June 8 at 7:30 PM at a location to be announced. So unanimously
voted. Motion by Council President Amerigian, seconded by Councilor Murphy
to accept Ms. Hubbard's communication. So unanimously voted.

2)   License transfer application: (see item #3 under Unfinished Business)

CLASS B-VICTUALER
Midwest Electric, Inc.
dba Bay View Bar and Grille
53 Conanicus Avenue
Unit 1-R

TO

James J. Thompson
(dba pending)
53 Conanicus Avenue
Unit 1-R

3)   New license application: (see item #3 under Unfinished Business)

CLASS B-VICTUALER
James J. Thompson
(dba pending)
53 Conanicus Avenue
Unit 1-R

Motion by Council President Amerigian, seconded by Councilor Murphy to
advertise both the transfer and new license applications for hearing on
Monday, June 8 at 7:30 PM at a location to be announced. So unanimously
voted.

4)   Jamestown & Newport Ferry Company
  a) Request for permission to make sales at retail aboard the vessel The
Jamestown while at dockside
  b) Copy of approved Class G Liquor License
Motion by Councilor Murphy, seconded by Councilor Pease to approve the
request to serve alcoholic beverages at retail aboard the vessel The
Jamestown during the period 30 minutes prior to the scheduled departure
and until departure. So unanimously voted.

5)   New license application:

CLASS B-LIMITED
Island Family Pizza, Inc.
dba Piotti's
1 Clarke Street

Ms. Donovan: There are three issues: there is currently a limit on BL
licenses (0), there are 2 churches within 200' of the premises (prohibited
in accordance with RIGL 3-7-19) and a special exception would be required
from the Zoning Board of Review.
      Patti Piotti: If we cannot get around the church limitation, we
would rather not proceed. Mr. Anthony: The statute does not seem to allow
Council any discretion regarding the church radius; if the applicant wants
to have a "bring your own beverage" arrangement, the Zoning Officer should
be consulted first. Ms. Piotti withdrew her application.

CONSENT AGENDA

Councilors  asked that items #1 and 8 be removed. Motion by Council
President Amerigian, seconded by Councilor Dolce  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 Boards and Committees
  a) Library Board of Trustees (03/17/98)
  b) Fort Wetherill Committee (03/28/98, 04/04/98 & 04/18/98)
4)   Resolutions from other municipalities
  a) Town of Westerly re: Senate bill 98S-2251 entitled "An Act Relating
to Education-Health and Safety of Pupils"
  b) City of Central Falls re: Child Safety Awareness Week (May 18-24)
5)   Letter of thanks from the Quononoquott Garden Club re: Arbor Day
6)   Request for donation from Evelyn L. Bradshaw-History Club Advisor,
North Kingstown High School for travel expenses re: National History Day
7)   RIDEM notice of Insignificant Alteration-Permit re: Robert Marcello,
dba Ecological Associates request for preliminary determination (Plat 2,
Lot 177; America Way)

1)   Adoption of Council 04/27/98 minutes (regular meeting): Councilors
noted the following corrections:
  page 1, attendance: Councilor Dolce was absent for the meeting.
  page 2, toward bottom of page: add to Councilor Murphy's statement
"There are two options:"....either make an application.....
  page 10, middle of Communications #2: typographical "te" should be
"the".
Motion by Councilor Dolce, seconded by Councilor Murphy to approve the
minutes, as amended. So unanimously voted.

8)   Abatements/Addenda of taxes report of Tax Assessor filed 05/07/98 :
Councilor Wright:  The fourth item on page 3 should read Wright, Ellicott
et al.
     Motion by Councilor Dolce, seconded by Councilor Murphy to approve
the report as corrected. So voted by 4 in favor, none opposed and
Councilor Wright abstaining.

EXECUTIVE SESSION ANNOUNCEMENT

Motion by Councilor Murphy, seconded by Councilor Dolce to enter executive
session as scheduled to consider the release of executive session minutes
pursuant to RIGL 42-46-5 et al. So unanimously voted.

Motion by Council President Amerigian, seconded by Councilor Dolce to
enter executive session as scheduled regarding the Quattrocchi amended
consent agreement, pursuant to RIGL 42-46-5(a)(2) (litigation).
     So unanimously voted.

Motion by Council President Amerigian, seconded by Councilor Wright to
enter executive session as scheduled regarding a report from Town Planner,
Conservation Commission Chair and the Conanicut Island Land Trust
regarding a priority list for open space grants,  pursuant to RIGL 42-46-5
(a)(5) (acquisition of real property for public purposes).
     So unanimously voted.

OPEN FORUM

Chief Christman: I think you have again exceeded the safe capacity of this
meeting room.
     Council President Amerigian asked that people with pending business
after the open forum section leave the building for a half hour and come
back, stating it is a safety issue, and that it would be a  greater
inconvenience to those present and those who may yet come to move the
meeting to another location at this hour.

1)   Scheduled Requests to Address
a)   Anthony Faria re: Beavertail Lighthouse: The Beavertail Lighthouse
Museum Trustees will be celebrating the lighthouse's 250th anniversary
next year; the Town may want to participate; we will be painting the
museum building, and would like the Town to consider the possibility of
painting the exterior of the other buildings this year; the former Town
Administrator had agreed to do signs for the lighthouse for Route 138, but
they have not been placed yet.
     Motion by Councilor Murphy, seconded by Council President Amerigian
to refer this to the Town Administrator.
     Mr. Faria: We would also like to put an emergency telephone out
there, right at the park's entrance.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to amend the motion to refer that to the Administrator as well.
     So unanimously voted. Main motion, as amended, so unanimously voted.

b)   B.J. Whitehouse re: use of Mackerel Cove Beach for fireworks: We
would like to hire the same company as before, with the same insurance
protection; we will raise the funds; the date is July 2, with a rain date
of July 6; we are requesting the use of Mackerel Cove Beach and the
availability of police, rescue and fire services, which is nothing more
than previously requested. Motion by Council President Amerigian, seconded
by Councilor Pease to approve the request. So unanimously voted.

c)   David Swain representing the Jamestown Village Association re:
waterfront festival: Instead of Ferry Days this year, we want to have a
waterfront festival; we will set up a tent at East Ferry; we are
requesting permission to use Town property.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to approve the utilization of the waterfront area on May 31 in the same
manner as last year. So unanimously voted.

d)   John Brown, Tribal Archeologist, Narragansett Indian Tribe: We are
seeking an upgrade in your current regulations regarding burial grounds;
the issues of the proposed skate park and Southwest Avenue improvements
went very well, but they may have gone differently; we want to build a
contingency to avoid problems in the future, ie. lawsuits. Council
President Amerigian: This is a rural community; the public process in both
instances appears to have worked favorably for you.
     Mr. Brown: In the future, we would like there to be a process to be
followed whenever construction is considered, so the burials are not dug
up in the future, and people do not have to hide it if a burial is
discovered; we are not seeking remuneration; I would be more than willing
to put ideas in writing for Council's consideration.
     Mr. Powell: I would recommend that Mr. Brown meet with the Planning
Commission.
     Mr. Brown: Regarding Southwest Avenue, we cleared an area from the
last house on the west side of Southwest Avenue south to the first house
on the east side of Beavertail Road, and found that was not original
ground surface;  we were planning to go on with the study when state and
federal officials met and decided not to proceed as they had planned.
Motion by Council President Amerigian, seconded by Councilor Wright to
invite Mr. Brown to send a written communication with his ideas and
thoughts on the issue. So unanimously voted.

e)   Richard Hines re: gambling legislation: There are 3 bills currently
before the General Assembly to expand gambling in this state; H-7766
proposes the conversion of video machines to coin dispensing slots; it is
intended to expand gambling without voter approval; S-2584 would
reinstitute Las Vegas night functions, which would also sidestep voter
approval; S-2598 would change the wording of the referendum to expand
gambling, with misleading wording; the big gambling interests from out of
state continue to exert pressure; the profits will be funneled out of
state, and small, local businesses will lose; gambling is known to be
addictive; I request the Council align itself with the Newport City
Council and tell our legislators that we oppose these 3 bills.
     Motion by Council President Amerigian, seconded by Councilor Pease to
approve a resolution similar to that adopted by the Newport City Council,
as amended for Jamestown. So unanimously voted.

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

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

(Lisa W. Bryer, Town Planner arrived at this point; 9:00 PM.)

1)   Town Administrator's report (attached hereto)
Additionally:
Horse drawn carriage: The Zoning Officer advises the activity would need
relief from the Zoning Board.

R. C. Cournoyer Enterprises, Inc. notice to abutters re: Plat 4, Lot 33;
368 East Shore Road (Stephen Evangelista) for ISDS installation (continued
from 04/13/98): The Building Official has no objection to the proposal.
     Motion by Councilor Pease, seconded by Councilor Dolce to authorize
the Town Administrator to communication with RIDEM that the Town has no
objections. So unanimously voted.

Proposed tree ordinance: The Building/Zoning Official needs further
information.

Southwest Avenue: Motion by Council President Amerigian, seconded by
Councilor Murphy to direct the Town Administrator to send a letter to
RIDOT expressing the Council's continuing concern with environmental
issues regarding drainage problems and runoff in Sheffield Cove, asking
that they continue to pursue a solution.
     Councilor Dolce: A sidewalk on at least one side of the road is
critical, or children will have to be bussed. Council President Amerigian:
Also ask them why they are not proceeding with the project from
approximately Maple Avenue north, since no archeological investigation of
that area was done. So unanimously voted.

2)   Appointments to Harbor Management Commission: (Mr. Armington was no
longer in attendance at this point.) Motion by Councilor Pease, seconded
by Councilor Wright to reappoint William S. Munger as East Harbor Riparian
representative.
     Councilor  Wright: I feel Mr. Munger is a valuable member, but remain
concerned about rotation; I think we should try to get new people on the
Commission.
     Councilor Dolce: Since I just met David Laurie tonight, I would like
more time to think about it.
     Motion  failed by a vote of 3 opposed, Councilor Pease in favor, and
Councilor Murphy abstaining.
     Motion by Councilor Dolce, seconded by Council President Amerigian to
table the East Harbor appointment to May 26.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to readvertise the Outside Riparian vacancy.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Murphy that the Clerk write letters to the 3 applicants under
that classification informing them that Council did not feel they
qualified under the terms of the ordinance.
     So unanimously voted. Motion by Councilor Murphy, seconded by
Councilor Pease to appoint Amy S. Barclay de Tolly as Environmental
Community representative, term ending December 2000. So unanimously voted.

3)   Appointments to Quonset/Davisville Liaison Committee: (Cornelia
Mueller withdrew and was not interviewed.) Councilor Wright: Nancy Logan
and Emmet Turley are from Jamestown Shores and, as such, should be
considered first.
     Councilor Murphy: I agree that at least one should be on.
     Motion by Council President Amerigian, seconded by Councilor Wright
to appoint Nancy A. Logan. So unanimously voted. Motion by Councilor
Pease, seconded by Councilor Wright to appoint Varoujan Karentz.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Pease to appoint John H. Howard. So unanimously voted.

4)   Memorandum from the Town Clerk re: Fire Department and Ambulance
Association Compensation Committees: Motion by Councilor Wright, seconded
by Council President Amerigian to accept the Clerk's memorandum and her
method of resolution, with the terms of the members of both compensation
committees to be as they were randomly put in the memorandum.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to amend the motion to appoint the following as fire department
representatives on the Fire Department Compensation Committee (FDCC):
James R. Bryer, Jr. for 3 years (term ending May 2001), Keith Godena for 2
years (term ending May 2000) and Americo DiPetrillo, Jr.
     for 1 year (term ending May 1999).
     So unanimously voted. Main motion, as amended, so unanimously voted.
Motion by Council President Amerigian, seconded by Councilor Murphy to
extend Eric Lexow's term to May 1999 and set Corey Hanson's term at 3
years, term ending May 2001 (both FDCC).
     So unanimously voted. Regarding the Ambulance Association
Compensation Committee, the Clerk was instructed to advertise two public
vacancies in accordance with the memorandum.

5)   Town Clerk re: status of temporary ordinances: Following verbal
report, motion by Councilor Murphy, seconded by Councilor Pease to adopt
an emergency ordinance extending the parking ban near the dry hydrant at
East Ferry for another 60 days.
     So unanimously voted. Motion by Councilor Murphy, seconded by Council
President Amerigian to advertise a public hearing on the proposed
extension of water restrictions, for hearing on May 26 with expiration on
June 5. So unanimously voted.
6)   Status report from the Town Administrator Search Committee: Council
President Amerigian: There are four finalists, all within driving
distance; I suggest we invite them to tour Town facilities during the day
and the Council interview them in the evening; some may need overnight
accommodations. Council consensus: schedule them for next week.

7)   Letter from the Conservation Commission re: proposed Wastewater
Ordinance: Richard Tyre: I have submitted resumes of those who will work
on the project, and will return with budget and schedule information.

UNFINISHED BUSINESS

1)   Proposed tree ordinance: Motion by Council President Amerigian,
seconded by Councilor Murphy to table this until May 26.
     So unanimously voted.

2)   Surprise Valley Farm carriage rides: Thomas Orr, Esq. (representing
applicant): Part of the route originally planned is on private property
and is hereby removed from our request; the Town Administrator reports
that the Police Chief has no objection, but reserves the right to review
after it starts.
     Council President Amerigian: Your proposed route is a busy area, with
a two lane road and boat ramp.
     Mr. Orr: My client has had no problem on America's Cup Avenue in
Newport; the carriage moves right along; we need to know if the idea of
carriage rides is acceptable to Council before we proceed to the Zoning
Board.
     Chief Christman: You need to be aware of emergency responses, with
volunteers responding first to the stations, then dispatched with
apparatus.
     Mr. Orr and unidentified driver: We have well trained drivers and
horses and well equipped carriages; loading and unloading would take place
off the road; we would need permission to use Town property; there is no
existing permitting process.
     Adolph Salaun: The police ride bicycles in the summer because there
is no room for cars; there is no room on the roads.
     Discussion followed about the general congestion of the area.
     Council consensus: if the Zoning Board approves and the route is not
the main waterfront area, Council may consider a trial period.
     Mr. Orr: I will speak to the Police Chief and consider a zoning
application.

3)   Letter dated May 6, 1998 from James Thompson requesting zoning
ordinance amendment: Motion by Council President Amerigian, seconded by
Councilor Murphy that the Clerk establish a hearing date in accordance
with the ordinance, then advertise and send notice to the Planning
Commission. So unanimously voted.

4)   Elderly tax exemption: Motion by Councilor Murphy, seconded by
Council President Amerigian to conduct a work session regarding proposed
changes to the elderly tax exemption on Monday, June 1 at 7:00 PM at a
location to be announced. So unanimously voted. Motion by Councilor
Wright, seconded by Councilor Murphy to accept related Communication #2.
     So unanimously voted.

5)   Legislative review: Motion by Councilor Wright, seconded by Councilor
Dolce to send Council President Amerigian's list to Jamestown's
legislators and ask for their comments on these and any others bills they
feel are important. So unanimously voted.

6)   Proposed skate park: Councilor Murphy: I was looking at the power
station, but it is not available; Eastern Utilities is looking at a list
of other possible sites.
     Councilor Wright: The site of the existing highway barn may be
available in the future after the Town's relocation.
     A. Louis Mariorenzi, MD (orthopaedic surgeon): I have concerns about
the location, but also the medical aspects of the activity (read from
letter which was later submitted); the issue is whether we want a skate
park, not where; if it is to be the responsibility of the Jamestown
residents, we must be aware of the cost and risk of liability; if
constructed, it must be carefully controlled; it is expensive to construct
and maintain a safe facility; the subject should be tabled until a
feasibility study can be conducted as to whether or not we should have a
park.
     Nicholas Morenzi: I am in the insurance business; insurance premium
may not increase, until you have a claim, then the rate may increase, or
you may be dropped from coverage.
     Karen Easton: I have questions about design and supervision.
     Arthur Ciano: We need to see what it would look like.
     Mary Lovegreen: That is dependent upon the site selected; it would be
the size of approximately 2 tennis courts.
     Susanne Reynolds and Ms. Lovegreen agreed to bring their videotape of
the Fairhaven, MA skate park to the library for viewing and loaning.
 
COMMUNICATIONS

1)   Copy of letter (unknown author) submitted by Councilor Murphy re:
wells: Motion by Councilor Murphy, seconded by Councilor Wright to forward
a copy to the Conservation Commission for review and/or action.
     So unanimously voted.

2)   Letter from Pauline Lathan re: elderly tax exemption: (previously
addressed)

NEW BUSINESS

1)   Request for new street light from Charles A. Matley: Ms. Crawford:
The Police Chief has already addressed this and reports the lighting is
adequate for vehicular traffic, but could be enhanced as a security light,
but that might annoy others in close proximity; I would prefer seeking
comment from the residents before taking any action.
     Motion by Councilor Wright, seconded by Councilor Murphy to accept
the communication. So unanimously voted.

2)   Communication between Council, Administrator and Department
Directors: Councilor Murphy: When there is no Town staff on a committee,
there should be Council liaison; if there is staff, a liaison is not
necessary because staff can report to the Administrator who can keep us
informed; I am realizing we are beginning to interact too much in some
instances; we are the complaint department for the Town; department heads
and Town employees are telling people to complain to us; therefore, they
cannot complain that we are getting too involved in the day to day
activity when they are sending people to us.
     Councilor Dolce: I would recommend you refer them to the
Administrator.
     Ms. Crawford: If a resident tells you a department head referred them
to you, I would appreciate being informed of that; I believe our
department directors have a good understanding of the Town Charter's chain
of command. 

3)   Request for permission to use a portion of West Street from St.
     Matthew's Parish (07/18/98): Motion by Councilor Wright, seconded by
Council President Amerigian to approve the request. So unanimously voted.

4)   One-day license requests:

  Applicant         Type/Location     Date
  Junior Women's Club
   of Jamestown     Peddler/Fleet Bank      05/25/98
Motion by Councilor Dolce, seconded by Councilor Murphy to grant the
license and waive the fee, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

  Applicant         Type/Location     Date
  Troop 1 Jamestown
   Boy Scouts       Peddler/TCC       05/25/98
Motion by Councilor Murphy, seconded by Councilor Wright to grant the
license and waive the fee, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

5)   New license request:

  Applicant         Type           Location
  Ocean State Embroidery  Sunday         23 Narragansett Ave.
   and Gifts
Motion by Council President Amerigian, seconded by Councilor Wright to
grant the license, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

  Applicant         Type           Location
  Ocean State Embroidery  Peddler        East Ferry and Mackerel
   and Gifts                    Cove Beach
Motion by Council President Amerigian, seconded by Councilor Murphy to
table the request until the Clerk reports on the history of peddler
license limits, including minutes to show the rationale.
     So unanimously voted.

Litigation: Mr. Anthony: The Town was named in a suit by financial
institutions regarding the practice of paying taxes from escrow accounts;
the RI Interlocal Risk Management Trust will pick up the defense of the
lawsuit, subject to conditions; I recommend you agree to the conditions
and authorize me to sign a letter sent to me by the Trust; we do not
participate in that practice [requiring full payment instead of
quarterly], but we were named as a defendant along with 12 other
communities; if you want to discuss  in further detail, I would prefer you
do it in executive session; I can put it in a letter.
     Motion by Council President Amerigian, seconded by Councilor Wright
to place this subject on the May 26 agenda under Executive Session.
     So unanimously voted.

EXECUTIVE SESSION

Motion by Council President Amerigian, seconded by Councilor Wright to
adjourn to executive session at 10:54 PM.
     So unanimously voted. Council returned to regular session at 11:49
PM. Motion by Councilor Wright, seconded by Councilor Dolce to seal the
minutes of the executive session to the public. So unanimously voted.
ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 11:50 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk