TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
May 26, 1998

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library conference room, 26 North Road, at 7:38 PM
by Council President Craig A. Amerigian. The following members were
present:
David E. Dolce, Vice President
William H. Murphy
Ellicott Wright
(Fred F. Pease arrived late; 7:42 PM)

Also present were:
Maryanne Crawford, CPA, Interim Town Administrator/Finance Director
Theresa C. Donovan, CMC, Town Clerk
Steven J. Goslee, Public Works Director
Donald T. Armington, Harbor Management Commission Chair
Vincent Vessella, Ambulance Association Commander
Quentin Anthony, Esq., Town Solicitor

CONSENT AGENDA

Councilors asked that items #2, 4 (a and b), 7 and 8 be removed from the
consent agenda.
     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:
1)   Adoption of Council minutes: 05/11/98 (regular meeting)
3)   Copies of minutes of boards and committees:
  a) Library Board of Trustees (04/21/98)
  b) Zoning Board of Review (03/24/98)
  c) Fort Wetherill Committee (05/02/98)
5)   RICRMC notice of no significant impact: Cynthia & Chris Antonelli to
construct and maintain an aboveground pool and associated deck (Plat 15,
Lot 208; 221 Seaside Drive)
6)   Communications from Newport Hospital
  a) Letter re: renovations
  b) Invitation to open house and tour (05/31/98)
9)   Abatements/Addenda of taxes report of Tax Assessor filed 05/22/98

2)   Bills and payroll: Councilor Wright noted he would abstain, as one
item pertained to him.
     Motion by Council President Amerigian, seconded by Councilor Murphy
to approve bills and payroll.
     So voted by 3 in favor, none opposed and Councilor Wright abstaining.

4)   Resolutions from other municipalities
a)   Town of Westerly re: handicapped children: Motion by Councilor
Murphy, seconded by Councilor Wright to refer a copy to the School
Committee with a request for their response in time for Council's June 8
meeting. So unanimously voted.

(Councilor Pease arrived at this point; 7:42 PM.)

b)   Town of Cumberland re: Law Enforcement Officers' Bill of Rights and
realty stamp tax: Motion by Council President Amerigian, seconded by
Councilor Murphy that the Clerk send a letter to the Town of Cumberland
indicating that the Council supports their efforts, and will join the
effort to support the proposed legislation when next introduced. So
unanimously voted.

7)   Invitation from the Jamestown Library Board of Trustees re: Newport
County Legislators and Librarians Get Together (05/30/98): Motion by
Council President Amerigian, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

8)   RIDEM Public Notice re: Federal Clean Water Act: Mr. Goslee: This is
a long term research project; we have two bodies of water on the list for
future study.
     Motion by Council President Amerigian, seconded by Councilor Pease to
accept the notice. So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Escrowed tax funds by mortgage companies, pursuant to RIGL
42-46-5(a)(2) (litigation): Mr. Anthony indicated he had submitted a
letter to Council members, and executive session discussion would not be
required if their concerns have been addressed. Motion by Councilor Pease,
seconded by Councilor Wright to authorize the Town Solicitor to enter into
contract with the RI Interlocal Risk Management Trust to defend against a
federal law suit regarding escrowed tax funds by mortgage companies, with
the Town's contribution to the defense being capped at our deductible of
$2,500.00. So unanimously voted.

(J. Christopher Powell, Conservation Commission Chair, arrived at this
point; 7:50 PM.)

2)   Town Administrator search status: Motion by Councilor Dolce, seconded
by Councilor Murphy to enter into executive session as scheduled, pursuant
to RIGL 42-46-5(a)(1) (personnel).
     So unanimously voted. Council President Amerigian announced that all
four finalists have been interviewed.

3)   Release of executive session minutes (continued from 05/11/98):
Motion by Council President Amerigian, seconded by Councilor Wright to
enter into executive session as scheduled, pursuant to RIGL 42-46-5(a) et
al. So unanimously voted.

PUBLIC HEARINGS

1)   Proposed ordinance relating to the temporary use of water in the Town
of Jamestown (see attached): Mr. Goslee: There is now about 80 feet of
water in the tank; we have been off North Kingstown's water since Friday,
May 22.
     Council President Amerigian: The existing ordinance expired
yesterday, and there appears to be no need for a new one.
     Motion by Councilor Murphy, seconded by Councilor Pease to repeal the
emergency parking ban ordinance that was adopted on May 11.
     So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address
a)   William Maclean representing Jamestown Cub Scouts, Pack 1 re: waiver
of pavilion rental fee (had to leave before this matter was reached):
Motion by Councilor Murphy, seconded by Councilor Pease to approve waiver
of the fee, contingent upon availability of the Rembijas Pavilion and
appropriate application for rental. So unanimously voted.

2)   Non-Agenda Requests to Address (none)

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)

(Arthur Christman, Fire Chief, arrived at this point; 8:05 PM.)

Additionally:
Motion by Councilor Dolce, seconded by Councilor Wright to direct the Town
Administrator to speak to our legislators regarding municipal retiree
health benefits legislation, indicating Council's support, and explaining
how we were affected by the changes leading up to it.
     So unanimously voted. Motion by Council President Amerigian, seconded
by Councilor Murphy to extend the policy of allowing retirees to
participate in the Town's group Blue Cross plan at their own expense until
the end of June. So unanimously voted.

Council consensus: continue pursuit of two parcels for open space, which
have been identified as critical for water shed protection.
     Motion by Council President Amerigian, seconded by Councilor Pease to
authorize the various Town boards and the Town Solicitor currently
involved in discussion with two property owners to continue negotiation,
trying to reach an agreement which would be contingent upon the
availability of a funding source and approval by the Town Council, or
financial town meeting, should the funding source require it.
     So unanimously voted.

Motion by Councilor Pease, seconded by Councilor Murphy to award the bid
for a new ambulance to McCoy Miller of New England in the amount of
$63,844.00, subject to compliance with bid specifications. So unanimously
voted.

Motion by Councilor Pease, seconded by Councilor Murphy to award the bid
for a municipal building feasibility study to William L. Burgin, Inc. in
an amount not to exceed $15,000.00, subject to compliance with the bid
specifications.  So unanimously voted.
Motion by Councilor Dolce, seconded by Councilor Murphy to award the
contract for recodification of the ordinances to Municipal Code
Corporation in an amount not to exceed $11,600.00, subject to compliance
with the bid specifications. So unanimously voted.

Motion by Council President Amerigian, seconded by Councilor Wright to ask
the Town Administrator to organize an effort to get questions answered
regarding the proposed tree ordinance and the Building/Zoning Officer's
role in same. So unanimously voted.

Southwest Avenue: Solicitor is to get a copy of the appropriate federal
Act regarding Native American burials.
     Councilor Murphy: I spoke to Senator Paiva-Weed and faxed something
to all four of our federal legislators; Senator Chafee's office responded,
resulting in Gordon Hoxie of the Federal Highway Administration following
up; I am looking for help; this is a state/federal project, but local
residents are being affected. Ms. Crawford: I have spoken to Mr. Hoxie and
we are working to coordinate a meeting, possibly on June 8. Motion by
Councilor Wright, seconded by Councilor Pease that the Town Administrator
represent the Town and attend a meeting on the Southwest Avenue project on
a date to be determined. So unanimously voted.

2)   Harbor Management Commission: Motion by Councilor Wright, seconded by
Councilor Murphy to appoint David H. Laurie as the East Harbor riparian
representative, term ending December 2000.
     So voted by 4 in favor, Councilor Dolce opposed.

3)   Fort Wetherill Committee (FWC) report: (Councilor Pease left the
meeting room, due to a possible conflict of interest.) (Duncan Laurie
spokesperson) Motion by Councilor Wright, seconded by Councilor Murphy to
expand the charge of the Fort Wetherill Committee to include a
reassessment of the "Fort Wetherill Master Plan" and to explore
alternatives that would fit the concept of passive recreational use while
preserving the historical nature of the site and minimizing the
environmental impact, and to inform the National Park Service (NPS) that
the Town has reservations concerning the current RIDEM plan, but that it
is working with RIDEM to encourage modifications to the plan that would
bring the parcel into compliance with the concept of passive recreational
use, and to inform both RIDEM and the NPS that the FWC's participation on
RIDEM's Design Review Committee does not necessarily mean that the Town is
in agreement with the plan currently being pursued.  So voted by 4 in
favor, none opposed and Councilor Pease abstaining.
     Motion by Councilor Wright, seconded by Council President Amerigian
that the Council accept the FWC's draft letter to the NPC and send it with
a copy mailed to RIDEM.
     So unanimously voted by 4 in favor, none opposed and Councilor Pease
abstaining.
     Motion by Councilor Wright, seconded by Councilor Murphy that Council
President Amerigian sign the letter for the Council.
     So voted by 4 in favor, none opposed and Councilor Pease abstaining.
      The Council asked the members of the FWC to put together a "wish
list" of sorts and return with more specific needs.
     Motion by Council President Amerigian that Council sent a letter to
Robert W. Sutton, Jr. of RIDEM, asking for clarification regarding RIDEM's
intent regarding the presence of an enforcement branch at Fort Wetherill.
     There being no second, Council President Amerigian withdrew his
motion.
     Motion by Councilor Wright, seconded by Councilor Murphy to accept
the communications from Council on America's Military Past - USA and
Stephen H. Garnett for The Dumplings Association, Inc. So voted by 4 in
favor, none opposed and Councilor Pease abstaining.
     Motion by Councilor Murphy, seconded by Councilor Wright to  attach
copies of the communications from CAMP-USA, Coast Defense Study Group, and
Mr. Garnett to the letter going to the NPS, as well as copies of the RIDEM
application for surplus property, the quitclaim deed of gift, the letter
from J. Peter McGuirl, Esq. indicating noncompliance. So voted by 4 in
favor, none opposed and Councilor Pease abstaining.
     Motion by Councilor Murphy, seconded by Councilor Wright that copies
of the letter to the NPS and all attachments be sent to Senators Chafee
and Reed and Representative Kennedy.
     So voted by 4 in favor, none opposed and Councilor Pease abstaining.
     Councilor Pease then returned to the meeting room and Council table.

UNFINISHED BUSINESS

Proposed wastewater management ordinance: Mr. Powell asked for a time when
the consulting experts can make a 45-minute presentation to the Board of
Water and Sewer Commissioners.
     Council consensus: either June 15 or July 20.

1)   Proposed open space zoning ordinance amendment (continued from
04/27/98): Motion by Council President Amerigian, seconded by Councilor
Murphy to put this matter on the June 8 agenda for a final copy of the
proposal from the Conservation Commission. So unanimously voted.

2)   Proposed tree ordinance (continued from 05/11/98): previously
addressed.

3)   New license request: (continued from 05/11/98)
  Applicant         Type           Location
  Ocean State Embroidery  Peddler        East Ferry and 
   and Gifts                    Mackerel Cove Beach
  a) Memorandum from the Deputy Town Clerk re: license limits
(Late communication from Zoning Official received.) Motion by Council
President Amerigian, seconded by Councilor Dolce to deny the request based
upon the Zoning Official's findings. So unanimously voted.

4)   Telephone poles on North Road (per Councilor Murphy): Ms. Crawford: I
spoke to the Bell Atlantic foreman, who said they will be removed by the
end of June; the public relations representative with the telephone
company confirms that and is willing to put it in writing; they will be
moved to  Fort Wetherill, dependent upon that location's accessibility by
the moving truck; I have a meeting scheduled with the representative on
June 29; they presently have two projects going on, including Southwest
Avenue; the transfer station site is problematic due to inaccessibility
after hours; Mr. Goslee suggested the Fort Wetherill property. Councilor
Murphy: Give them a deadline; there will always be projects; they should
work with Eastern Utilities to store the pole on their property where the
diesel generators are being removed. 

Elderly tax exemption work session: Councilor Murphy indicated he would
not be available on June 1. Motion by Councilor Murphy, seconded by
Councilor Dolce to reschedule to work session to Tuesday, June 9 at 7:00
PM at a location to be announced. So unanimously voted.
                          
COMMUNICATIONS

1)   RI Historical Preservation & Heritage Commission re: long term
approach to protecting unmarked Native American burial sites: Motion by
Council President Amerigian, seconded by Councilor Murphy to accept the
communication. So unanimously voted.

2)   Town of Burrillville re: Law Enforcement Officers Bill of Rights:
Motion by Councilor Murphy, seconded by Councilor Wright to forward a copy
of Council's letter to the Town of Cumberland to the Town of Burrillville
(see consent agenda item #4b). So unanimously voted.

3)   Skater Island (Middletown, RI) re: skateboard and roller blade
facility: Motion by Council President Amerigian, seconded by Councilor
Murphy to accept the communication and refer same to the Friends of
Skaters. So unanimously voted.

NEW BUSINESS

1)   Location of future meetings (Council President Amerigian): Chief
Christman: The occupancy limit of the meeting room at Town Hall is 20, and
here it is 125; it is a safety hazard if the capacity is exceeded. Barbara
Nesto: I am on the Library Board of Trustees; we welcome the Council and
hope we can accommodate you; parking is a problem; we will probably ask
the police department for another 30-minute parking space for our patrons,
since the library is open on Monday evenings.
     Motion by Councilor Wright, seconded by Councilor Pease to accept the
Library's offer to meet through June 8 and possibly June 15, and get a
report from the Town Administrator and Town Clerk regarding how other
small Town Halls handle this. So unanimously voted.

2)   Jamestown Shores Beach parking (Councilor Murphy): Ms. Crawford:
According to the Town Planner, the CRMC application is in process, which
will take 2 to 3 months for review; nothing else is needed at this time.

3)   Southwest Avenue project (Councilor Murphy): previously addressed

4)   Request of Jamestown Soccer Association for waiver of pavilion fee
(06/20/98): Motion by Council President Amerigian, seconded by Councilor
Murphy to approve the request, contingent upon availability of the
Rembijas Pavilion and appropriate application for rental.
     So unanimously voted. Motion by Councilor Wright, seconded by
Councilor Murphy to ask the Recreation Director and Town Administrator
their opinions regarding expansion of hours at the pavilion.
     So unanimously voted.

5)   Offer to donate land from Mary Barone (Plat 5, Lot 115; Steamboat
Avenue): Motion by Councilor Murphy, seconded by Councilor Wright to refer
the offer to the Solicitor. So unanimously voted.

Late communication from Sydney C. Waller regarding Southwest Avenue:
Motion by Councilor Wright, seconded by Councilor Pease to ask the Town
Administrator to take Ms. Waller's letter to her meeting with Gordon Hoxie
and, if she feels appropriate, send an acknowledgment letter to Ms.
Waller. So unanimously voted.

EXECUTIVE SESSION

Motion by Council President Amerigian, seconded by Councilor Dolce to
adjourn to executive session at  10:03 PM.
     So unanimously voted. Council returned to regular session at 10:44
PM. Motion by Councilor Murphy, 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 10:45 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk