TOWN COUNCIL MEETING
JAMESTOWN, RHODE ISLAND
Monday, July 13, 1998
(as amended on August 11, 1998)

A regular Town Council meeting was called to order at the Jamestown
School, Multipurpose Room, 76 Melrose Avenue at 7:45 P.M. by Council
President Craig A. Amerigian.  The following members were present:

David E. Dolce
William H. Murphy
Fred F. Pease
Ellicott Wright

Also present were:
Maryanne Crawford, CPA, Interim Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
Lisa Bryer, Town Planner
Steven J. Goslee, Public Works Director
Arthur J. Christman, Fire Chief
Quentin Anthony, Esq., Town Solicitor

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS 

1)        The Oath of Office was administrated to Maryanne Crawford as the
new Town Administrator by Council President, Craig A. Amerigian.  

Councilor Wright moved to authorize the President of the Town Council to
sign the new Town Administrator's Contract, seconded by Councilor Pease.
      After some discussion and explanation of the contract it was so
unanimously voted.

CONSENT AGENDA

Councilor Murphy asked to have 1b removed from the Consent Agenda.
      Councilor Dolce Moved to approve 1a, 2, 3, 4, 5, 6, 7, 8, and 9.  
Seconded by Councilor Wright.
      So unanimously voted.  The amended consent agenda consisted of:

1)   Adoption of Council minutes:
a)   06/09/98 (work session re: Elderly tax exemption)
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
a)   Fort Wetherill Committee (and attachments) (05/18/98)
b)   Zoning Board of Review (05/28/98)
c)   Library Board of Trustees (05/19/98)
d)   Quonset Davisville Liaison Committee (06/16/98)
e)   Jamestown Housing Authority (05/13/98 and 06/16/98)
4)   Resolutions from other municipalities
a)   Town of Exeter re: an act relating to handicapped children
b)   Town of Charleston re: alcoholic beverages
5)   RICRMC notices
a)   Finding of no significant impact
i)   Regina Gagne to repair existing seawall (Plat 7, Lot 135, 14 Seaview
Drive)
ii)  Rocco and Kathryn C. Marzilli to construct and maintain a deck and
associated stairs (Plat 15, Lot 200, 255 Seaside Drive)
iii) Clarice M. Jones to repair existing stairs and flashing around
chimney (Plat 12, Lot 49, 7 Hull Cove)
b)   Assents
i)   Residential: Stephen Evangelista to construct landscape improvements
within 200 feet of a coastal feature (Plat 4, Lot 33; 368 East Shore Road)
ii)  Seaside Trust (The) to construct and maintain a residential boating
facility (Plat 3, Lot 126; 437 Seaside Drive)
c)   Maintenance Certification: Frances E. Clark to construct maintenance
repairs to an existing commercial pier (Plat 9, Lot 328; 110 Racquet Road)
d)   Cease and Desist Order: Ronald and Lorraine Lewis (Plat 5, Lot 505;
139 Seaside Drive) re: cutting of vegetation on coastal bank and dumping
brush on coastal beach
6)   RIDEM notices
a)   Insignificant Alteration-Permit: RI Department of Transportation
request for preliminary determination (Southwest Avenue/Beavertail Road)
b)   Draft Fiscal Year 1999 Project Priority List
7)   Attendance record from the Harbor Management Commission
8)   Letter of thanks from Theresa C. Donovan, former Town Clerk
9)   Abatements/Addenda of taxes report of Tax Assessor filed 07/09/98

1)   b) 06/22/98 regular meeting
Councilor Murphy:  Amendment to the minutes of 06/22/98,  the last bullet,
last sentence.
      I did not abstain from that one the one I abstained the tax roll
vote.
      Councilor Amerigian: There are some typos.
      Page 5 of 13, second line: There is know way (should be no).
      I seem to recall that we extended the Blue Cross benefit that night
and I see comments by Councilor Wright that we should wait until the end
of July or the first of September, (it was the end of July not end of
September).
     Clarify the meaning of that motion.
      On the 8th line down When was that legislature (recessed).
     Same page, 8th line up.
      If we didn't (buy), and again on the third line from bottom.
      That we can (buy).
      Page 8 of 13, I thought we made the award if funds were available.
      On page 11 New Business should be  (approved) on #2.
        Councilor Amerigian moved to approve the minutes as amended. 
Councilor Pease seconded.  So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address:

2)   Non Agenda Requests to Address:

a)         Mr. Don Richardson of Davis Street: The water coming out of the
faucets for the last week and one-half is coming out like tea.
      Clothes are becoming stained.  When will this be cleared up?  We
cannot drink the water.  
Mr. Richardson was concerned that perhaps the problem might be coming from
the water pipes because we do not flush them out anymore.

Councilor Amerigian explained that the problem with the water has been
brought on by the great amount of rain we've had, causing the water in the
north reservoir to be the same color as that in the south pond.
      Because we've been back washing so often in order to keep the color
where it is, the water level in the water tower is dangerously low.
      We have implemented an outdoor water ban tonight. 

b)       Angelo Pizzi, 38 Starboard, representing the Jamestown Shores
Association: Regarding Heads Beach (also known as Jamestown Shores Beach),
is there any action taking place as far as town stickers to utilize that
town beach and are they being enforced?  Town Administrator: No, stickers
do not apply to that beach.
      Mr. Pizzi: The Shores beach is now a town beach just like Mackerel
Cove and should be treated the same way.
      Councilor Pease:  I think there is some discussion in the parking
committee about that issue.
      Councilor Murphy: The recommendation was already made to the Council
from the Parking Committee.
      Councilor Dolce: There seem to be a couple of issues here.
      Is there a problem with parking?   And, is there any signage there
regarding animals?  Police Chief Tighe: We do have the dog officer
checking for dogs unleashed.  Councilor Amerigian: Is there any signage on
Mackerel Cove regarding dogs?  Town Administrator: I believe it's on the
building at Mackerel Cove.  

Discussion continued regarding Heads Beach being a town beach, and because
of this, it should have the same rules as Mackerel Cove.
      Councilor Murphy asked if the ordinance for Mackerel Cove could be
amended to include Jamestown Shores Beach.
      Councilor Amerigian: I'll move that if it doesn't cover it we
advertise the ordinance and hold a hearing.
      Discussion continued with regards to stickers for parking.
      Councilor Pease:  I'd like to revisit this issue of parking at the
next Town Council meeting.
      Councilor Amerigian:  I'll restate my motion.
      I move that we advertise an ordinance for parking stickers at the
Shores Beach, and if the Town Solicitor finds that the other rules
associated with Mackerel Cove Beach require an amendment in the ordinance
for the Shores, that this be included in the advertisement for hearing to
be scheduled at the next Town Council meeting on July 27.
     Councilor Murphy seconded.  So unanimously voted.

Chris Powell, Conservation Commission: Several years ago, it was brought
up to the Council regarding the Shores Beach and lifeguards and other
services.
      It was decided, at that time, to keep the Shores Beach low key for
the neighborhood. 

c)        Councilor Murphy: We should address the boat ramp area at the
Shores.
      I'd like to move that the access to the Jamestown Shores Beach boat
ramp be advertised as a no parking zone and be included in the research by
the Town Solicitor and Town Administrator.
      Seconded by Councilor Amerigian.  So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator report (attached hereto).

For additional discussion:

Bill S-2925:
Councilor Amerigian:  Chief Tighe can you give us an outline how that
affects the Law Enforcement Bill of Rights?  Chief Tighe: Basically, they
want to change the law.
      Right now, the Chief of a Police can give up to a two day suspension
and the only appeal they have  it is to appear in court.
      They are trying to change the law so that written reprimands and two
day suspensions will be by grievance procedure only.
      If you are asking for my opinion, I would say that we do not want
that to happen.
      Councilor Amerigian: Any other thoughts on the Council's part? 
Councilor Pease: I truly feel that it would be a disservice to police
officers to take away the ability of the Chief to give a reprimand or a
two day suspension.
      I think that a lot of times policemen are human like everyone else.
      They make little mistakes just like everyone else.
      This provides a safety valve for the Chief, in any town, to give out
a low level punishment of up to two days suspension.
      I would be opposed to changing the law.
      Councilor Amerigian: I think that also the mere fact that it takes
away the control of the Chief to manage his department.
      Councilor Pease: I move that we send a letter to the Governor and
our local representatives and oppose Bill S-2925, which amends the Law
Enforcement Bill of Rights by broadening the scope of summary punishment,
to be signed by the council president.
     Seconded by Councilor Wright. So Unanimously voted.

Public Safety Officer:
Councilor Murphy: I move the Town Administrator assume the duties and
responsibilities of the Director of Public Safety in accordance with the
town charter.  Seconded by Councilor Wright.  So unanimously voted.

2)   Communications regarding East Ferry Parking:
Councilor Amerigian: Mr. Pritchard, we received a communication that
consisted of a review of a vote at your last meeting, an earlier
communication from May 1996, a map, and the results of a meeting in May of
1996 with commercial fisherman as to what they would like to see happen
there.
     Mr. Pritchard: I have outlined a couple areas from the Harbor
Management Comprehensive Plan that I thought should be looked at in light
of the situation.
      Basically, the first paragraph is the discussion of the need to
prioritize and to continue to support the commercial fisherman in town.
      And the second paragraph that is outlined discusses adequate docking
facilities, access to vessels, docks and shore.
      This is where we have run into some issues in town.
      The precedence here that was adopted by the town council two years
ago is that the town will attempt to insure access to docks from shore
side from the water to facilitate commercial fishing operations.
      The two areas that we seem to have a problem with, due to a lack of
policy is that we lack a loading/unloading area.
      This is problematic.
      The commercial fishermen have worked very hard to move gear and
product up and down the dock.
      The other issue is the issue of parking.
      Without vehicular access, when you have a perishable food product,
you don't have a business if you don't have access.
      Ft. Wetherill, Ft. Getty, and West Ferry have very easy access. 
Fisherman in those areas function because of that vehicle access.
      That's what is needed at East Ferry.
      Especially when we're loading and unloading a perishable product.
      There was a time when all the commercial fisherman parked in a line
of two trucks with keys in the truck and ready to move if needed. In
recognition of the need to facilitate other access for other users,
including recreation boaters that wanted to use the touch and go float at
the end of the wood pile pier and in addition to requests from the town to
keep the area somewhat accessible for rescue vehicles the decision was
made that the fishermen had to move out of that spot.
      Now bear in mind that it was a very efficient use of that space with
eight vehicles in a very small spot.
      But we recognize that at the time we needed to change that policy.
      So the Harbor Commission sat down with the commercial fisherman and
worked out that policy that you have.
      It was never formally adopted, but the recommendation at the time
and the recommendation now is that there be a pass or sticker that would
exempt commercial vessel owners, one per boat, from the two hour
restriction; given the lack of long term parking adjacent to the dock.
      The other recommendation is that the loading area be made official,
be stripped, be signed and be enforced.  Councilor Dolce: When were they
parking eight vehicles with the keys in them?  Mr. Pritchard: I believe
that was in 1995 and for a few years before that.
      Councilor Dolce: When was the expansion of Conanicut Marina? 
Discussion set the date to  1995 - 1996.
      Mr. Pritchard: One of the things that precipitated the need to
change that double line of trucks was that other people needed access to
that dock beside commercial fisherman.

Gerry Cabral: The Police Department has been issuing parking tickets.
      The policy that we had in the past was not something that was
endorsed by the town.
      So this has put the Chief and his department in an uncomfortable
situation because he's passing out tickets to the people that own
businesses in that town.
     It was my understanding that when the marina was expanded, the
businesses that were there would not be inconvenienced.  This is more than
an inconvenience. 

Robert Demasi, Steamboat St.: I agree with Gerry.  You are going to have
to somehow accommodate parking for us.
      This has just been a problem since the marina has expanded.  It must
be worked out that we have parking close to our vessels.  

Jonathan King, 155 Beacon Avenue: We have been going back and forth with
the Harbor Commission for many years now on this subject.
      We visited this issue with the Town Council in 1996, where we had
much discussion about everything that was going on in the square.
      We talked about designated parking spots for people running
commercial businesses off the town property.
      We did not think that was a good solution because as some fisherman
may take Sunday off, that designated spot then would take away a space
from someone else when they were not working.
      We touched on the parking pass/sticker so that we could park inside
the area that now has a two hour limit.
      It was my impression that we had agreed on that and that the council
had voted on it.
      However, I've since been told that wasn't the case.
      The Town Council, due to a delay in time to get us those stickers,
we had an unofficial understanding with the Police Department and our
vehicles weren't ticketed.  The last two years we haven't received
tickets, without any problem parking in that area, having direct access.
      I don't know of any complaints from the public.
      I'd like to see that continue.
      Although, it puts the Police Department in a rough spot because we
don't have an official ordinance.  

Chief Christman: I'm here because we need access at any given time for an
engine and a rescue.
      I can sympathize with the commercial fishermen.
      I have no problem if there's a vehicle there with a key in it and we
can move it. 

Discussion between Council and the commercial fishermen continued. 
Councilor Dolce inquired about using the steel pier and was informed by
the fishermen that because of the crane parked there that it was not
conducive to their needs.
      Councilor Murphy: I move that we establish a loading zone, in the
vicinity of the wooden pier, as depicted in the drawing attached to the
Harbor Management's letter dated July 9, 1998 and we advertise a hearing
to be held at the next Town Council meeting.
      Seconded by Councilor Amerigian.
      So unanimously voted.  Councilor Pease: I move to hold a public
hearing with a view to issuing parking permits to lessees of town property
who deal with perishable products.
     Councilor Amerigian seconded this motion.
      Discussion ensued regarding the advisability of holding a work
session rather than a public hearing.
      It was the consensus of the Council that there were remaining
questions that may be better addressed at a work session.
       Councilor Pease:  I'll amend my motion to be a work session for the
first meeting in August.
      Councilor Amerigian: Second.  So unanimously voted.

3)       Appointment to Harbor Management Commission (outside riparian
owner) (1 vacancy; term ending 12/2000)
Councilor Murphy moved to have the Town Clerk schedule interviews for the
three applicants for the Harbor Management Commission beginning at 6:45
P.M. before the next Water and Sewer meeting.  Councilor Pease seconded
the motion.  So unanimously voted.

4)        Appointment to Ambulance Association Compensation Committee
(public members)
Councilor Amerigian moved to readvertise two vacancies; one two year term
and one three year term.
      Councilor Wright seconded.  So unanimously voted.

5)        Jamestown Fire Department re: request to be put on the surveyors
list for surplus properties and purchases.
      Councilor Amerigian moved to accept the communication from the
Jamestown Fire Department.
      Seconded by Councilor Pease.  So unanimously voted.

6)        Beavertail State Park Advisory Committee re: three wind turbines
on land at Beavertail State Park.
      Councilor Amerigian moved to accept the communication from the
Beavertail State Park Advisory Committee.
      Councilor Murphy seconded.  So unanimously voted.  Councilor Wright
moved to support the position of the Beavertail State Park Advisory
Committee regarding the three wind turbines.
      Councilor Amerigian seconded this motion.  So unanimously voted.  

7)       Beavertail State Park Advisory Committee Vacancy.
       Councilor Pease: Move to advertise and thank Mr. Bucher.  Councilor
Wright seconded.  So unanimously voted.

UNFINISHED BUSINESS

1)        Southwest Avenue/Beavertail Road Project.
      Town Administrator: I spoke to the local resident engineer today and
he said they are still doing archeology work and they are now in front of
our office on Southwest Avenue.
      They have completed up near Beavertail, Mackerel Cove and are moving
down.
      They are trying to get the contractor in to start some of the
drainage and construction work, unfortunately the contractor would like to
wait until the whole archeology  study and dig has been completed because
they are concerned that they will be stopped again.
      However, they are trying to move on with that.
      It looks like it could take a couple of more weeks to finish that
archeology work.
      Councilor Murphy: Did they mention anything about the seawall?  Town
Administrator: He did not mention the seawall.
      They have signs up to do the work; it may be Cardi again.
      Cardi might be waiting until things get to the point where they can
mobilize and spend some time down here.  

2)        Proposed Open Space Zone Ordinance Amendment: Lisa Bryer, Town
Planner presented recommendations for changes to the zoning for the Golf
Course and Transfer Station.
      These areas have previously been discussed at other council
meetings.
      At this time, there are questions still remaining on the Golf
Course.
      No action taken.
      This will be put on the Agenda for the July 27 Town Council Meeting.

3)        Elderly Tax Exemption: Discussion ensued on the issue of Elderly
Tax Exemption and impact on both the Elderly and the Town.
      Councilor Murphy presented an example with a limit or cap of
$150,000.00 as the maximum exemption.  A possible cap of $150,000.00, as
the maximum exemption was discussed.  Using the numbers that were put
forward by the council, Councilor Murphy computed the possible impact on
the town and elderly.
       Councilor Pease: My intent is to help the people who really need
the help and not create a problem for the rest of the community.
      Councilor Wright suggested that we use this as a starting point to
calculate the impact of this exemption.
      The Town Administrator will put some figures together and return to
the Council with them. 

4)         Rules and Regulations re: Police Department.
      Town Administrator informed the Council that she was in contact with
both the Police Chief and MaryJo Carr in an attempt to settle a few issues
that are being worked on.
       No action taken.
      Council will wait another two weeks to finalize this.

COMMUNICATIONS

1)        Councilor Amerigian moved to accept the communication from
Newport Hospital.  Councilor Murphy seconded.  So unanimously voted.

2)        Letter from Town of Charlestown re: Senate Bills 98-S 2598, 98-S
2584 and House Bills 98-H 8392, 98-H 7766 Councilor Amerigian moved to
accept the communication from the Town of Charlestown.
      Seconded by Councilor Murphy.  So unanimously voted.

3)        Letter from Attorney Kelly re:  unlawful acceleration of real
property tax payments Councilor Murphy moved to accept the letter from
Attorney Kelly.  Councilor Wright: Second.  So unanimously voted.

4)        Motion by Councilor Amerigian to accept the letter form Governor
Lincoln Almond to Craig, seconded by Councilor Murphy.
      So unanimously voted.

5)        Clean Water Action:  Motion by Councilor Murphy to table this
and put it on the Agenda for the next Council meeting so that we can
review the conversation and research done on this same request last year.
      Councilor Pease seconded the motion.  So unanimously voted.

NEW BUSINESS

1)        Downtown grant update:    (previously discussed in Town
Administrator's report) Town Administrator: Presently the Town Planner is
working on the scope of work for DOT and we have a memorandum of
understanding that she will forward to the Town Solicitor for his review.
      

2)        Chairs for the Jamestown Fire Department: Councilor Amerigian: I
assume that these are the two wooden chairs that they want to swap with
the chairs at the Town Hall.
      Town Administrator to discuss this with the Town Clerk.  

Fire Chief inquired about the Legal Letter for Jamestown Fire Department: 
Councilor Amerigian: Move to put the subject of the letter of support for
the Jamestown Fire Department regarding legal representation on the Agenda
for the next meeting.  Councilor Murphy seconded.  So unanimously voted.

3)        Emergency Planning: Town Administrator reported that there have
been several meetings regarding plans for emergency management.
      Councilor Amerigian, as Council President, serves on this management
team.

4)        One day License Application:

Applicant     Type        Location    Date
Nancy Davidson   Entertainment     Rembijas Pavilion 8/16/98

Councilor Amerigian:  Move to approve contingent upon confirmation that
this is a Jamestown resident's signature.
      Councilor Murphy seconded the motion.  So unanimously voted.

The Town Solicitor requested to be heard and  went over the ramifications
of changes in parking on Lawn Avenue.
      Discussion by the Council reinforced the need for these changes.

ADJOURNMENT

There being no further business before the council, Councilor Wright moved
to adjourn at 10:40 P.M.  Councilor Murphy seconded.  So unanimously
voted.   

Attest:

Arlene D. Kalooski
Town Clerk