TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
July 27, 1998
(as amended on August 24, 1998)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, 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, Town Administrator/Interim Finance Director
Arlene D. Kalooski, Town Clerk
Arthur J. Christman, Fire Chief
Lisa Bryer, Town Planner
J. Christopher Powell, Conservation Commission Chair
Quentin Anthony, Esq., Town Solicitor

CONSENT AGENDA

Councilor Wright moved to accept the Consent Agenda as presented. 
Seconded by Councilor Dolce.
      So unanimously voted.  The Consent Agenda consists of the following:

1)   Adoption of Council minutes:
     a) 06/22/98 (regular meeting as amended 07/13/98)
        i) Memorandum from the Town Clerk
     b) 06/29/98 (special meeting)
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
     a) Fort Wetherill Committee (06/13/98 and 06/27/98)
     b) Harbor Management Commission (05/13/98, 05/27/98 and 06/10/98)
     c) Quonset/Davisville Liaison Committee (06/29/98 and 07/01/98)
     d) Highway Barn Committee (05/07/98, 05/28/98, 06/11/98, 06/18/98,
07/02/98 and 07/09/98)
4)   RICRMC notices
     a) Finding of no significant impact: Town of Jamestown to relocate
fence at Head's Beach (aka Jamestown Shore's Beach) (Plat 5, Lot 8;
Seaside Drive)
5)   Letter of thanks from Troop 1 Jamestown re: trailer fund contribution
6)   Abatements/Addenda of taxes report of Tax Assessor filed 07/23/98  

EXECUTIVE SESSION ANNOUNCEMENT

Motion by Councilor Amerigian, seconded by Councilor Wright to enter into
executive session as scheduled, for the purpose of discussing:

1)     Legal Letter to the Fire Department, pursuant to RIGL 42-46-5
(a)(2) litigation, 
2)     Amended consent agreement re: Mackerel Cove Heights, pursuant to
RIGL 42-46-5 (a)(2) litigation, and
3)     Release of executive session minutes, pursuant to RIGL 42-46-5 (a)
et al.

Councilor Wright called for discussion.
      Councilor Wright: Would it be possible to have the Town Solicitor
and Town Administrator and Fire Chief sit down and talk about the Legal
Letter first and then present the conclusion to the Council.
      Councilor Amerigian: Strike number one from the motion.
      Councilor restated the motion to include number two and three only.
      So unanimously voted.

PUBLIC HEARINGS

1)        Proposed amendment of Section 15-11 of the code of ordinances
(Parking at Mackerel Cove Beach and Jamestown Shores Beach)  
Proposed amendment, as advertised in the Newport Daily News, was presented
and read to the audience by Councilor Amerigian.
      Councilor Amerigian opened the hearing for comments and discussion.

Gary Girard, 94 East  Shore Road, representing the Parking Committee, and
the Chief, in his absence and at his request, and the Jamestown Shores
Association:  I want to call your attention to a letter that we sent to
the Town Council after many months of work, requesting that the Jamestown
Shores Beach also be included under the transfer station sticker  and/or
the Mackerel Cove, Fort Getty sticker.
      That letter was dated April 7, 1998.
      I also want to reiterate the fact that the Jamestown Shores
Association also endorses this.
      We have been working for at least three years for a method to
control the parking on the beach.
      We have received permission from Coastal Management to move the
fence in and that actually should alleviate much of the parking.
      However, as people are not wanting to pay $10.00 a day at Mackerel
Cove or Fort Getty, they are drifting down to the Shores Beach.
      We're asking that these people be afforded the same opportunity as
those who live in Jamestown and that's to help support this island.
      If they were to buy a sticker to come for the day at Mackerel Cove
and come to the Shores Beach, it also would enable us to better control
the parking for all the vehicles in the area.
      The State has declared that all right of ways in Jamestown Shores
are now public right of ways and that further brings attention to the
area, bringing an influx of people coming to the Jamestown Shores.
      So, it is very important that we do have some way to control this.
      I talked with the Chief and he  says that with appropriate signage
and ordinances there should be no problems enforcing the parking.

Donna  Cote, 82 Spindrift St.:  I have lived in the Jamestown Shores for
twenty-one years and before that I grew up going to the Shores Beach.
      When the Town acquired the beach we were happy about that and
appreciate that the grass has been maintained and there are port-a-johns
now.  However, we did anticipate that there would be some kind of
monitoring system to make sure that it was being used by Town tax payers.
      This has not been the case thus far and there's not even a sign
indicating that this is a Town beach.
      That has allowed a lot of people coming in to this beach, swimming
at their own risk signs and then they think it's okay to park at the
beach.
      My observation over the last few years is many, many people are
coming in that are not Jamestown residents.
      They are leaving a lot of debris on the beach and I've picked up a
fishing knife, fish hooks and other debris left on the rocks.
      Fisherman are casting towards swimmers.
      I would like to see the sticker program there and two big signs put
up, one at each end of the beach, that would  state the name of the beach,
and also, that it is a private Town beach; however, you would state that
in legal terms.
      In future, I would like a lifeguard or emergency call box.
      There was a serious accident near the beach a couple of weeks ago
and I think a call box would be an important addition to this area.

Angelo Pizzi, Starboard Avenue:  Living in close proximity to the beach, I
am also in favor of this ordinance.

Devon Bates, 25 Spanker Street, Jamestown Shores Beach Committee:  We did
a survey as part of that committee to identify parking issues.
      Every weekend one of us was there with a clipboard guesstimating how
many cars were parking there and what were some of the issues at the
Shores.
       Never was there not enough on street parking.
      We certainly agree that there needs to be some signage and increase
in parking and we made those recommendations to the Committee.
      I am opposed to town only stickers for parking.
      There are not enough people coming from out of town to warrant the
expense of instituting this policy.
      This beach was purchased with Federal and State money and so it's
not a Jamestown only property.
      I feel it's wrong to restrict the coast and say this is our beach,
it's only reserved for Jamestown.
      We used the States money and the Federal Government's money and
those people should be allowed to come to this lovely beach.
      I don't find that it's a great inconvenience to have out-of-town
people there.
      They should have the same privileges, even though they cannot live
in Jamestown.
      I think a call box is an excellent idea along with some additional
signage

Harriet Boiley, 168 Seaside Drive:  I strongly agree that we should have
stickers just like we do at Mackerel Cove or to get into any of the things
on the island.
      I was there last week because I had my grandson with me.
      While I was there I counted two stickers on cars and there must have
been twelve or thirteen cars.
      Now, if we are going to allow that beach to be used by everybody in
the State of Rhode Island, I think we're completely wrong, just like we
are when we let them use all of the right of ways.
      I think that yes, a sticker is really, really advisable for the
Jamestown Shores Beach.
      The Town has to maintain it.
      How are we going to get our money back if you don't have a sticker? 
We do have trash pick up, port-a-johns, and somebody has to pay for that.
      That should come from stickers to go to the beach.
      So therefore, I am strongly in favor of having stickers to go to the
Jamestown Shores Beach.
Gary Girard, East Shore Road:  I just want to comment on the comments made
earlier.
      Devon is correct that two years ago we did do a survey of the cars
at the Jamestown Shores Beach.
      That was a cool summer and we did not have the influx that we've had
this year.
     Also, as more and more people realize that they have to pay $10.00 a
day if they come from off the island, they are not going to Mackerel Cove
Beach, they are coming to the Shores Beach.
      All the neighborhood is asking is that they be given the same fair
treatment as the other people in Jamestown that are using Mackerel Cove
and Ft. Getty.  I also believe, and I'm not certain, that Ft. Getty was
purchased with the same type of funds as was the Shores Beach.

Devon Bates: I'd like to ask that the Shores Committee do another survey
of the usage of the beach and find out where the people are coming from
and what they are using the beach for, rather than making the assumption
that people are coming from Mackerel Cove.

Donna  Cote: This week I was down at the Shores Beach.
      I saw either two Illinois or two Ohio cars, and Massachusetts and
Connecticut cars.
      So, I think the survey needs to be updated.  There's a lot more of
not just out of town people, but out of State people coming to use this
beach.
      If they pay 10.00 for Mackerel Cove then they should pay $10.00 to
go to the Shores Beach.
      I think that's the case in most of the State beaches, that you pay
more, if you are from out of State.

Angelo Pizzi:  This was brought up several years ago.
      We should act on this now and get it done with.

Matt Bolles, Parks and Recreation Director: I'm sensing some
misunderstanding about the nature of Mackerel Cove as opposed to the
nature of Jamestown Shores Beach.
      Without commenting one way or the other how about we control the
parking at Shores Beach, I should point out that Mackerel Cove is a public
bathing facility.
      As of now, Shores Beach is not a public bathing facility.
      If you are a public bathing facility you must have lifeguards.
       The start up cost of a lifeguard and personal equipment would cost
in the range of $6,000 to $8,000.
      It's not realistic to expect that you are going to generate that
kind of revenue from Shores Beach.
      The parking area once the fence is moved in a little will
accommodate about 22 cars.
      Mackerel Cove currently costs about $18,000 to run and produces
$7,000, plus $7,000 from stickers.
      You're losing a few thousand dollars and Mackerel Cove has a much
larger parking area and you're charging people $10.00 if they don't have a
sticker.
      Without staffing the Shores Beach parking area there is no way you
can bring in that kind of revenue and if you do staff it, I believe the
cost of staffing it will far out weigh any revenue that you would collect.
      The other reason behind not recommending making it a public facility
is the fact that the survey that Devon mentioned, not only surveyed the
parking and the number of cars, it also surveyed the uses of the beach,
and the primary uses were bathing, boggy boarding, fishing, walking dogs,
ball playing, etc.  Of all those things I mentioned, only one is allowed
at a public bathing facility - that's swimming.
      We would be forced to outlaw all but bathing.
      There's only room for a few families on that small portion of beach.
      It's a losing proposition financially to call it a public bathing
facility.
     The Shores Committee has not made a final formal report on the plans
for the beach because so many of the recommendations hinge on the parking
situation.
      Councilor Amerigian: Matt (Parks and Recreation Director), is it
your feeling  or the Solicitors feeling that restricting the parking has
any relationship to being called a public bathing facility?   Parks and
Recreation Director: Only in the sense that the State requires facilities
to provide lifesaving personnel.
      Basically, it's at facilities which the public uses by fee or
invitation. 

Mr Girard:  The same sticker is used at Ft. Getty.  There are no
lifeguards at Ft. Getty and people carry on a lot of different activities.
 We're merely asking for the same type of the treatment.
      I'm not trying to stop anyone from boggy boarding or those things
they do.
      We are merely talking about parking stickers for the parking area.
      If someone wants to park elsewhere that's up to them.
      You cannot get into Ft. Getty without one of these stickers or
paying $10.00.  There's no lifeguard there and no safety facilities if you
use that beach.
      We do not expect it to be a revenue generating situation.
      We do feel that if people are going to use the facility, like any
other facility in Jamestown, that they contribute to the support of it.
      Councilor Amerigian: I don't disagree with you, I was trying to
determine whether enacting a sticker program was going to somehow obligate
us legally to provide all these services.
      Parks and Recreation Director: Ft. Getty is not a bathing facility. 
Signage states no lifeguard, swim at your own risk.
      I did a summary of the traffic and beach survey.
      There were 15 days that the beach was surveyed because we only did
it on weekends.
      The average number of cars over the summer was 13.
      There are 22 spots for parking.
      That number was exceeded only twice.
      Problems with parking only occur two or three times a year.
      If we go with this ordinance we will be creating a problem for the
Shores Beach residents even though there is only a problem two or three
times a season.
      Councilor Amerigian: This was put on the agenda at the request of
the Shores Committee.
      Councilor Murphy: Matt (Parks and Recreation Director), are you
saying that there is no swimming at Ft. Getty?  Parks and Recreation
Director: I'm not saying people don't swim there.
      We cannot monitor the shoreline; however, it is not an established
swimming beach.
      We state in our brochures and signage that there is no public
bathing facilities at Ft. Getty.

Mr. Girard: I'm speaking from the Parking Committee.  We have the
information, our committee did review the information forwarded by the
Beach Committee, and the Parking Committee made recommendations to you.
       One of the reasons we made these recommendations to you was because
the State has opened the right of ways, and parking will be an ever
increasing problem and this is how the Parking Committee will address the
issues.
      Councilor Amerigian: You're concerned that people will park there in
order to use the right of ways?  Mr. Girard: Yes.  The State is publishing
these right of ways and this will attract more people to Jamestown.

Devon Bates: I have the feeling that this parking sticker thing will
backfire if you go ahead and require a sticker on those 22 spaces in front
of the beach if there's no restriction on street parking just a block
away.
      So, to me it's better if people park close to the beach instead of
people parked in front of our homes.

Harriet Boiley: Who is legally responsible at Ft. Getty or Jamestown
Shores if there is a drowning?  Something needs to be done.
     If the town owns it they are responsible.
      Parks and Recreation Director: We are not legally responsible for
anyone at Ft. Getty because of signage. Councilor Amerigian:  Bill
(Councilor Murphy), you're on parking committee, anything to add? 
Councilor Murphy: No, I think the committee has done a fine job.
      Councilor Amerigian: I understand people's points that there's no
one restricting who uses the beach or parking, and yes, it may cause
people to park in other places, but the same is true in other parts of
town and I guess my feeling is that it's a neighborhood beach and people
have a sense that they are losing the use and control of their
neighborhood beach, maybe we should give them what they want.
       Councilor Wright: Enough has not been resolved.  Such as, what the
affect is on the cost of up keeping the beach.
      Until that is resolved I cannot vote in favor of this ordinance.
      Councilor Pease: It's quite conceivable that the effect of saying
you pay $10.00 or you have a sticker to park at this beach, that we get a
legal opinion that says this is now a bathing beach; now, this is what I
would call a DEM beach, and I dare say, a lot of people that live in the
Shores might not enjoy having a controlled beach because you cannot do
what you want anymore at a DEM beach.
      If by setting this standard for parking it's some sort of a tasset 
acceptance for that, I don't think we want to do that.
      Also, it's a considerable amount of money that you are going to have
to spend.
      When we bought this beach several years ago, we were happy to do it
and we thought that the people in the Shores would love it because there
wouldn't be houses being built there; however, feeling of the Council then
was that we were buying it basically for the people in the Shores and that
was the end.
      We had no plan to create another bathing beach which requires all
those things.
     Town Solicitor: We can do two things.
      You can continue the matter to two weeks from tonight to determine
what the effects of this licensing requirement would have in terms of the
DEM regulations.
      And two, what is the impact in our insurability.
      Councilor Dolce: One of my concerns is about the boat trailer
parking in that area north of the current parking area.
      It is my understanding that if this ordinance is passed there will
be no boat trailer parking allowed.  Number two, I think that the Town is
sitting on there hands in not trying to resolve some of the parking issues
up there.
     Councilor Amerigian: It comes down to the first part of Section A.  
The ordinance does not specify the intent.
      Councilor Wright: I'd like to move that we continue this to the next
town council meeting when we have information about the implication of
charging money and insurance and see that this is available at the next
meeting .
      Seconded by Councilor Dolce.
      So unanimously voted.  Councilor Wright: I move that we ask the Town
Solicitor to look into those two matters.
     Councilor Amerigian seconded.  So unanimously voted.  Councilor
Wright: I move that we continue this hearing to the next regularly
scheduled Town Council meeting and direct the Town Solicitor to look into
the matter of insurance coverage at the Shores Beach, and the impact of
charging fees for stickers for parking at Shores Beach and the possible
other expenses and designations.
      Seconded by Councilor Amerigian.  So unanimously voted.

2)        Proposed amendment of Section 18 of the code of ordinances
(Traffic) re: East Ferry Wharf 
Proposed amendment, as advertised in the Newport Daily News, was presented
and read to the audience by Councilor Amerigian.
      Councilor Amerigian opened the hearing for comments and discussion.

William Munger, Cole Street: This is an enormous area,2140 sq ft. It seems
very excessive with  the other part of the ordinance looking at parking.
      I ask the council to reassess this or revisit this.
      In my conversations with Fire Chief (Christman) and Police Chief
(Tighe), said they do not need that great amount of space.
      Councilor Amerigian: Is the intent of this to allow access to the
wooden pier from the emergency vehicles?  Town Solicitor: As I understood
the Chief's position, he thought it was on for the number of vehicles -
given the length of a lot of the vehicles that might be responding and the
number of people responding you need that whole lane and property access
of the pier, and the emergency that might exist.
      Town Administrator: I can shed some light on what led us to these
numbers.
      It is based on the length of the vehicles that were measured.  A
rescue vehicle is 24 feet long by 8.6 feet, engine #1 is 31 feet long by
8.6 feet.  An ambulance is a little less than the 24 feet, and a Police
car is 17 feet.
      When we discussed this at length, we looked into what would happen
if there was an emergency call.
     The vehicles are not going to park back to back without leaving
spaces, or if they park side to side, they cannot be touching one another,
so now you're up to 17 feet (8.6' + 8.6'= 17'); also, you need room to
open the doors.
      When they respond there, they are not going to go to the very end of
the land.
      They are going to stop, probably at the closest proximity that they
can, so that they can run down the ramp to get to the rescue boats.
      That's where all the discussion came in with myself, the Chief and
the Town Solicitor and how we arrived at some of these numbers.
      It was strictly based upon the length of the vehicles and what
vehicles may be down there at a time of an emergency.
      That could include a Police vehicle and the Harbormaster.
      We took a worse case scenario.
      Councilor Amerigian: The 20' width, isn't that mostly a travel area?
 There should be no impact because there is no parking in that area.
      As I look at this, it seems to impact the area where we were
proposing the loading zone.
     Mr. Munger: This strip has historically been used by everyone.  We
support the rescue vehicles in their use of this land; however, everyone
uses that area.
      Do we really need to have that much space blocked off?  I did not
get that signal that he (Fire Chief) needed all that space.
     Chief Christman: I need 56 feet and only as long as that boat is in
the water.
     Councilor Wright: Would we get the same results if we said no parking
on the South side of the concrete walk? 

Jonathan King, 155 Beacon Avenue: I am presently a Rhode Island licensed
EMT.  Unnecessary to designate an area for emergency vehicle.  Chief has
never had a problem.
      We need to put in a loading zone, as talked about at the last
Council meeting.
      There was a rescue down there two weeks ago, they had a truck and an
ambulance parked right in the middle and there was no problem.
      If this area is designated a loading zone, you won't have people
parking there on a long term basis as you do now.
      Because now, there no signs there and people can stay there for
twenty-four hours.
      It would be a loading zone and the vehicles would be in and out of
there.

Gerry Carvalho (no address given): I have a fishing vessel at the end of
the pier.
      Fishing is one of the most dangerous occupations.
      If anyone is concerned about the rescue, we would be.
      This is not going to solve the problem.
      It's going to increase the problem, it's unreasonable.
      Councilor Amerigian: This is the conduit for emergency equipment for
those out on the water.
      You cannot compare that to any other spot.
     Anytime any rescue vehicle goes to an emergency on the water, they go
from this area.
       It may be excessive.
     I'd like to go down there and see how these two ordinances mesh
together, in terms of where spaces are and exactly how many loading spaces
we would have.
      Mr. Carvalho: A shuttle bus provides transportation to those that go
to that area.
      That is joint use.
      We're very limited in space and what's been requested in this
ordinance is unreasonable.
      Councilor Amerigian: At the last meeting we requested the Town
Solicitor get together with the Police Chief and the Town Administrator to
see what their requirements were for this area and this is what we have
arrived at.
      Mr. Carvahlo: If you asked me as a businessman what I needed, I
could be unreasonable.
      I could tell you exactly what the businesses down there need and
then I would be unreasonable.
      I believe it's the Council's job to take the requests from the
Police Chief, Fire Chief and the Town Administrator and balance that with
all the needs of the people.

Mr. Hudson (no address given): My question is really the same.  Is it an
incompatible use to have an emergency space designated and also use the
same space as a loading zone?   Councilor Amerigian: The reason this
subject came up was because the fishermen needed a place to load and
unload their boats.
      And also because of the boat owners.
      I don't think that a rescue vehicle wants to go there and run down
to the end of the dock and try to figure out whose truck is there.
     Councilor Murphy: I think the Fire Chief is right and his request is
reasonable.
      We need to take a look at this to see what is really needed for
space.

Jack Chagnon, 141 Sloop Street: The way it is written is totally
unreasonable.
      In my eyes it's your job to find a balance.
      Right now we cannot load or unload our trucks.
      This ordinance says you cannot stand or park.
      Councilor Amerigian: We need to go down there, mark it out and see
what is really needed.  The intent of this hearing was to designate space
which would satisfy the Fire Chief, Police Chief and also commercial
fishermen needs. 

Mr. Chagnon: We need that space right in front of the dumpster for a
loading zone.
      Councilor Pease: Normally when you want to make a no parking/loading
area you take the place that would normally be a parking place for a car
and say  - no parking.
      This area is not parking.
      In an emergency situation this area is parking for emergency
vehicles, always.
      Councilor Amerigian asked the Town Administrator to go over how the
measurement of 107 feet was proposed.  Councilor Amerigian:  I don't think
we are going to accomplish anything tonight.
      I'd like further input from the Police Chief.
      Maybe the Police Chief feels that it's critical that the last
parking space near the sidewalk be open for all emergency vehicles.
      His reasons for that have to be weighed against your needs.
      Mr. Carvalho: This is our existence, not just our needs.  Between
the no parking in the parking lot, between the limited loading zone and an
expanded emergency lane, the restrictions are becoming so great it's
almost impossible to run a business down there.
       Councilor Amerigian: There might be another compromise that would
be acceptable to the Police Chief.
      What if the zone was twenty feet wide half way down, then it dropped
down to ten feet and they would essentially eliminate the prime loading
zone space, but only that one.
      The one adjacent to the building still exists.  

Greg Murphy, 423 Davit Avenue: I also have a boat at the dock.
      We never asked for a loading zone.
      You determined with the Fire Chief that we needed a loading zone.
      We have an issue with the parking and hopefully that will be
resolved later on.
      But as this stands, it takes me more than thirty minutes to unload
just my gasoline.
      That's at five in the morning.
      There are various other jobs I do during the day.
      Sometimes weeks go by and you won't even see me; however, there are
other weeks when I'm in and out of there constantly.
      It seems to me that your heaping this on us and it's almost
impossible for me to service my vessel and hunt for a place to park.
      Don't minimize what we need or want.
      It's the way our business has to run.
      There's only so far you can go and crimp our style to the point
where we just can't function properly.
      And that's what is coming right now.
      You've got three parking zones that sounds great.
      What if there are three fishermen and we're taking more than thirty
minutes each and ten pleasure vessels that want to unload their gear for a
day of pleasure.
      There's no way.
      So we're going to be shuffled off and sent down the road to move our
vehicles while we are in the middle of our business.
      Councilor Murphy: Does that mean you don't want us to impose a
loading zone at all?   Mr. Murphy: No one has ever come to one fishermen
on that dock, and we are the people impacted the most.
      Councilor Amerigian: Let's get back to this ordinance. 

 Jonathan King: We need to postpone this and have representatives from the
fishermen, Fire Chief, Police Chief, Town Council and Mr. Munger get
together, map it out and look at it.
      Let's get together so that the next time we come back we're all on
the same paper.
      Councilor Amerigian:  I'd like to table this hearing to the next
town council meeting.
      I'd like to have Chief Tighe to be here to air his concerns.
      We need an accurate map of what we're proposing as well as the
emergency vehicle zone.  

Mr. Munger: Consider all of the users and organize this a little bit.  I
ask that you send this back, set up a committee or get the user groups
together and thrash this out until we get something that our Fire
Department is happy with.
      There's a lot going on at that dock.
      As far as I'm concerned, I think it should be all touch and go and
have a piece of it set aside for fire apparatus.
      I think that we can resolve this if we all get together.
      Councilor Amerigian:  Let me restate my motion.
        I move that we continue this hearing to the next Town Council
meeting and ask the Town Administrator to get a map with both the proposed
loading spaces, as well as the area for emergences vehicles, so that we
don't need to conduct this meeting down at the dock in order to resolve
it, and seek  input from the Police Chief, Fire Chief, the fishermen's
representative from Harbor Management (Mr. Pritchard) and Mr. Munger. 
Councilor Wright seconded the motion.  So unanimously voted.

Mr. Chagnon: When Mr. Pease brought the motion up to continue that
problem, he didn't mention that it would be brought up at the next public
hearing.
      You just did the same thing.
      Councilor Pease: We are not closing this hearing, we are continuing
it.  Mr. Chagnon:  Is tonight the first time that the council members saw
this?  Councilor Amerigian: we received this package Friday night.
      This is the first time we have had to go over these figures as a
Council.
     Town Solicitor:  This council tried to act quickly to accommodate the
commercial fisherman so there could be a loading zone.
      We had to advertise quickly so that we could address this tonight.
      Councilor Murphy: I move that we continue the hearing on the
proposed loading and unloading zone ordinance for the next Town Council
Meeting.   Seconded by Councilor Pease.  So unanimously voted.
 
Proposed amendment of Section 18-4 (b) of the code of ordinances (Stop and
yield intersections) re: intersection of Lawn Avenue and Arnold Avenue

Councilor Dolce: Did we receive anything from the School Committee?  They
will be changing there loading and unloading of children at the Melrose
Avenue School.
      They will be unloading at the rear entrance of the school.
      I'm not in favor of the stop sign on Arnold Avenue.
      I think another stop sign on Lawn Avenue will encourage people to go
Westwind Drive, in addition to school buses dropping kids of they'll have
one stop sign, then another stop sign.
      I just don't see the need for two stop signs thirty feet apart.
      I'd like to take the same stand that I took on the Jamestown Shores
beach.
      I would like to see us address that there should be parking on the
East side of Lawn Avenue, on the North side of Arnold Avenue and have that
one stop sign remain at the intersection of Lawn Avenue and Arnold Avenue
and see how that affects the parking situation there.
     Councilor Amerigian: Any public comment on this?  

Dick Hutchinson, 4 Ft. Wetherill Road:  Who made this recommendation? 
Amerigian: The Police Chief.
      Councilor Amerigian: We will continue this one as well, because the
Police Chief is not here.
      I make a motion to continue the hearing on this item until the next
Town Council Meeting, and I would like the Police Chief to be there for
this.  Seconded by Councilor Murphy.  So unanimously voted.

Proposed amendments of Section 18-27 (Prohibited or restricted parking on
specified streets) Proposed amendment, as advertised in the Newport Daily
News, was presented and read to the audience by Councilor Amerigian.
      Councilor Amerigian opened the hearing for comments and discussion.
     Councilor Amerigian: This would eliminate parking on west side on
Lawn Avenue.  
Mr. Hutchinson: Same question, who originated this?  Councilor Amerigian:
This came about because we were talking about restricting parking on the
east side of Lawn Avenue.
      This was primarily a residence group that brought a petition to the
Council and met with the Council at previous meetings.
      Councilor Murphy: The Parking Committee also made a recommendation,
they agreed with this.
     Councilor Amerigian: The attempt to eliminate restrictions on the
West side was to free up that side if the east side was prohibited. 
Councilor Dolce: This ordinance addresses the lifting of the parking ban
on the west side, and prohibit parking on the east side.
      Amerigian: We need to discuss both at the same time.
     Councilor Pease: Will there then be parking on the south side.
      Councilor Amerigian: It is permitted.  Councilor Dolce: The only
concern I have is the emergencies vehicles, not the parking.
      Councilor Wright: I am in favor of these ordinances.

John Fantoli, Lawn Avenue: I can speak for the residents.
      Anytime there is a function, the parking makes it impassable for the
residents.
      When the cars are parked on both sides you cannot get a fire truck
up there.
     So for the sake of public safety we should institute no parking on
the east side.
      Councilor Amerigian: I move that we pass both the removal of the
prohibition of parking on Arnold Avenue (no parking on the north side
between Lawn Avenue and Westwind Drive) and Lawn Avenue (no parking on the
east side between Watson Avenue and Arnold Avenue)  Seconded by Councilor
Wright.  So unanimously voted.

UNFINISHED BUSINESS

Moved up on the Agenda:
2)        Letter from Gail Martin and David Welsh re: mooring waiting list
(continued from 07/13/98): Town Administrator: The last time I spoke with
the Chair of the Harbor Commission about this particular letter, the
Commission informed me that they did receive the letter from Gail Martin
and David Welsh.
      It is my feeling that this is a Harbor Management issue and we
should leave it with them for now to see what they come back with.
     Councilor Amerigian (to Martin and Welsh): Have you received any
other communication from Harbor Management.
        Gail Martin:  We received a letter on Saturday (copies provided to
Council).
      Councilor Amerigian: Have you had a chance to look at any of the
possible relocations that may be available?  Gail Martin:  We have not
been contacted by Harbor Management, other than this communication.
      Basically, we view the letter as being the same position they took
two years ago, that we would be forced to take whatever mooring that they
presented to us and if we didn't take it we would be put off the list.
      At the last meeting of the Harbor Commission, they said that they
did not have to act in conjunction with the Comprehensive Plan for the
Town of Jamestown.
      However, Section 1, Item D states that this is one of their main
goals.
     In view of parking in Jamestown, we want to be able to walk to our
mooring location, and we are willing to wait for this.
     Councilor Amerigian: There may be some option available to you.
      Mr. Welch:  We have to take anything in zone D.  We're interested in
walking to a mooring at the bottom of our neighborhood, not at the Newport
Bridge.
     Councilor Wright: You have been waiting for a number of years and it
is your feeling that each year as available position are offered to you
that if you don't feel that they are where you would like to have a
mooring, you would wait until the next year.
      This letter does not explain why that is not an acceptable policy.
     Councilor Pease: This is problematic, this theory of a lot of people
floating on the wait list for the perfect spot.
      Ms. Martin: Why is that problematic.  Everything is on computer, if
we don't want the mooring, you go to the next name on the list.
      Councilor Pease: If you get a mooring you may be able to swap with
someone near the area you are interested in.
      Councilor Wright: It looks to me as though you have three options,
you can take the mooring that's available; then get on a swap list; or get
off  the system and continue to rent.
      Town Solicitor: You can appeal to the Town Council after a decision
has been made by the Harbor Management Commission.
      Councilor Wright: I would urge you to go to the next Harbor
Management Commission meeting, then whatever their response is you can put
in your appeal. 

OPEN FORUM

2)   Non-Agenda Requests to Address:
Jonathan King 155 Beacon Avenue.
      Regarding the East Ferry parking,  Mr. Pease made a motion for a
public workshop, I'd like to see a date set for that workshop.
      Councilor Amerigian: First Town Council Meeting in August, this was
set at the last meeting.
      Mr. King: We need something done urgently, I have received a notice
of road obstruction because of where I'm parking.

David Swain: I'm here to ask for the use of Mackerel Cove beach on August
8th  for our annual kayak race.
     We will be launching from Mackerel Cove beach and then the cars will
be moved to Ft. Getty.  Councilor Pease: This race has been trouble free. 
Councilor Wright: This is a wonderful event.
      I am completely in favor of this event.
      Councilor Murphy: I move that we approve the use of Mackerel Cove
for the kayak race on August 8, 1998.
      Council Pease seconded the motion.  So  unanimously voted.

Theresa Littlefield, Grinnell St:   I'm still here.
     The State has done nothing in eleven months, they're the ones who
stopped it (Blue Cross for retirees), so if you would be kind enough to
extend it to the retirees again.
      We pay for this, so it will not cost the town anything at all.
      Any consideration you can give us will be appreciated.  Councilor
Amerigian (to Town Administrator): Do you address this in your report? 
Town Administrator: Yes.

Ira Redinger, Bonnet View Drive: When will you turn the water on.
      Councilor Amerigian: We will be discussing that in the Town
Administrators report.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Town Administrator: Because there are some issues in my report that have
come up tonight, I would like to address them.
      The Council has my report and if they have any questions, I will be
happy to answer them.  

  a)        An update on Finance Director's position,  I have received ten
applications.
     Interviews will be taking place sometime next week.
      The Town Administrator from East Greenwich and the Town
Administrator from Middletown have offered their services and are on the
Search Committee with me.
     I am hoping that by the first Council meeting in August I will have a
nomination to you.  

  b)      I've also attached to this report a copy of a letter from Paul
McDermott from the Golf Course Committee about an opnion he would like
from the Town Solicitor.  

  c)        Also attached are questions from Councilor Murphy that I have
answered. The only remaining question is about a well in a right of way. 
After looking at the survey for that particular well located on Spindrift
it has been determined that it is not in a right of away.   

  d)        Regarding Blue Cross for retirees,  I request that this be
extended for one more month.
      Legislation was passed by the General Assembly this year to allow
for the State Retirement System to have a deduction for individuals for
health care benefits.
      I'd like to contact other communities to see what they are doing
about this issue.  

  e)      The water tower is beyond the 85 feet; however the reservoir is
hovering at just above 12 inches.
      We think that by tomorrow it will probably at the 12 inch mark and I
would like to  remind the council about the water conservation regulations
that were implemented last summer.
      Councilor Amerigian: So we have three issues that need action.
      Town Administrator: I would like to table the Water Treatment Study
for another couple of weeks because the Public Works Director has
encountered many people being on vacation and unavailable.

Discussion on water tower:
William Munger: Now that the pressure is up in the tower we seem to use
more water.
     Can we reduce the pressure so that we all use less?   Do we have to
have 8 lbs downtown?   Public Works Director: There is no real way to
control the pressure except through the tower.
      Considering what we have gone through, at this point in time, I
would recommend keeping the tower as full as possible.
      Councilor Amerigian:   Do restrictions need to be so prohibitive at
this time as we are almost at the end of the summer?  Public Works
Director: We're getting pretty close, but I think we can revisit this in
two weeks.
      Councilor Wright: I like to suggest that we stay to the schedule
that has been established. 

Fire Chief Christman:  We've been on restriction for two or three years.
      This is an emergency, the state should be asked to react to this
emergency.
      The wells that are in place should be on line.
      The rates keep going up and we cannot use the water.
      All the money we've spent, we could have a desalination plant and
have all the water we would ever need.  Councilor Amerigian: All the money
we've spent for what?   Chief Christman: On building these wells and
waiting two years for the State to say that we can use them.
      Somebody up there has to wake up.
      Councilor Dolce: We're close to having these wells approved.   The
Town Administrator and Public Works Director explained the steps being
taken by both the Town and the State to move the permits for these wells
along as quickly as possible.   

John Parsons, 25 Ledge Road: Do we really have a comprehensive plan and
are we addressing this?   We need to make plans for our future needs.
      Well water is not the answer.
      This will not solve Jamestown's problems.  

Councilor Murphy:  I move to table it for two weeks.
     Councilor Amerigian:  Second the motion.
     So that means we are staying where we are at 11 1/2 inches,
restricting outside water use for odd even days for residential use.
      Councilor Murphy: If this is tabled, it would be without
restrictions.
      Councilor Murphy: I will withdraw my motion.
      Councilor Amerigian:   I move that we follow our water conservation
ordinance to the letter and at this stage restrict outside watering to odd
and even days. Seconded by Councilor Murphy.  So unanimously voted.

Councilor Wright read a letter regarding the water problems that Jamestown
has had and the superb job the Public Works Director, Steve Goslee has
done.
      Councilor Wright: I move that we accept this letter as a Council and
forward it to the Jamestown Press.
      Seconded by Councilor Pease.
      So unanimous voted.  Public Works Director: I would like to thank
the Town Administrator and the town for all the support at this time, and
recognize all the staff that participated in this effort.

Councilor Murphy: I move to extend the Blue Cross and Blue Shield
arrangement for the retirees for one month, ending the end of August.
      Councilor Pease seconded the motion.  So unanimously voted.

Councilor Amerigian: I move to refer this letter regarding errant golf
balls to the Town Solicitor.
     Councilor Pease seconded the motion.  So unanimously voted.

2)      Tax Assessment Board of Review (1 vacancy; term ending 06/16/1998)
Councilor Amerigian: I move that we set up interviews, prior to the next
Council meeting to interview both Mr. Largess and Mr. Martin.  Councilor
Wright seconded.  So unanimously voted.

3)        Appointment to Harbor Management Commission (outside riparian
owner) (1 vacancy; term ending 12/2000)
Councilor Amerigian: I move to interview for Mr. Ianetta on same the
evening prior to the council meeting.
     Seconded by Councilor Pease.  So unanimously voted.

4)       Fort Wetherill: 
Councilor Pease stepped out of the meeting for this portion of the
meeting.

  a)      Recommendations from Fort Wetherill Committee dated 07/15/98
Duncan Laurie, Ft. Wetherill Road.  We had a meeting today with DEM and
other people from the community to view each of their sites that they are
planning on integrating in this facility at Ft. Wetherill.  

Gerry Bay, 27 Newport Street presented pictures of the sites that were
visited and gave a verbal presentation of the findings.

After discussion on the findings of the Fort Wetherill Committee and where
the State is in their process, Mr. Laurie requested that the Council send
a letter with the recommendations of the Fort Wetherill Committee:
Councilor Wright: Duncan, can you incorporate the changes we have
discussed and write a letter regarding this issue with the committee and
coming from the council?  Mr. Laurie: Can this letter be signed outside of
the council meeting because we will be meeting with the Park Service
before your next council meeting?  Mr. Laurie: We're looking for something
on paper that states exactly what the Committee and Council wants.
      Councilor Amerigian: I move to table this until we get a report from
the committee and if we need to hold a special council meeting for this
purpose, we can do so.
     Councilor Murphy seconded the motion.
     (Councilor Pease was not available to vote on this item) So voted. 
Councilor Amerigian (to Mr. Laurie): See if  Mr. Kelly can meet the fourth
week of August. 

Councilor Pease returned at 11:37.

5)        Memorandum from the Planning Commission re:  OPEN SPACE I & II
Zoning Amendment:   Discussion with the Town Planner as to what was
previously discussed at council meetings and incorporated into this
memorandum.
      Councilor Amerigian: Come back to us at the next council meeting
with a final copy of this amendment.
      This will be on the agenda for the August 11 council meeting. 

6)        Communication from the Board of Water and Sewer Commission to
the Town Council.  Previously addressed. 

7)        School Committee vacancy, pursuant to Jamestown Code of
ordinance Article V. (Schools) Section 503. Vacancies Councilor Amerigian:
I move that we ask the Town Clerk to contact Mr Walker (the next highest
vote getter) to see if he is available for this position and come back to
us at the next meeting and we can appoint him.
     Councilor Wright I would suggest that we call in order until we get
someone that is available to fill that position.
      Councilor Amerigian:  Motion withdrawn.
      Councilor Wright: I move that Town Administrator call Mr. Walker,
after that Mr. DiGiando, and Ms. O'Neill until we get a positive answer. 
Councilor Amerigian seconded the motion.  So unanimously voted.

UNFINISHED BUSINESS

1)        Letter from Clean Water Action re: annual canvass of the Town of
Jamestown (continued from 07/13/98).
      Councilor Murphy: I move that we approve this with the restriction
that they must end by 9:00 P.M.  Councilor Amerigian seconded.  So
unanimously voted.

2)        Letter from Gail M. Martin and David Welsh re: mooring waiting
list (continued from 07/13/98).  Previously addressed.

COMMUNICATIONS

1)        Letter from Jean Britton re: condition of wooden dock at East
Ferry.
      Councilor Murphy: I Would like to see that someone responds to her.
      Town Administrator: This is a Harbor Commission item.
      Councilor Pease: I move that we let the Harbor Commission handle
this.  Councilor Amerigian seconded motion.  So unanimously voted.

2)        Memorandum from the RI Interlocal Risk Management Trust re:
Letter dated 06/26/98 from Attorney Thomas W. Kelly re: unlawful
acceleration of real property tax payments.
      Councilor Dolce: I move to accept and refer to the Town Solicitor.
      Councilor Murphy seconded.  So unanimously voted.

3)        Letter from residents re: paving of Lugger Street.
      Councilor Murphy: I move to ask the Town Administrator to send a
letter to John Barber regarding the work done on Lugger Street.
     Councilor Wright:  Seconded.  So unanimously voted.

NEW BUSINESS

1)        Municipal parking.
      Town Administrator: This was tabled from the last meeting.
     I have been gathering information regarding this; however, I need
some more time to complete this process.
      Councilor Murphy we can table this to the next meeting.

2)        Request from the Jamestown Yacht Club for permission to use the
Town Beach at East Ferry and to erect a banner for their 21st Annual
Fools' Rules Regatta (08/15/98) Councilor Murphy: I make a motion to
approve the use of town beach at East Ferry and to erect a banner for
Fools' Rules Regatta.
      Councilor Amerigian seconded, for discussion.
      Town Administrator: The cost of Police and a Public Works Driver
comes to about $825.00 for the day.  A request from the Public Works
Director is that they haul away as much of their debris as possible,
instead of relying on Public Works.
       Councilor Wright: I think we should honor the request but send a
letter that unless they clean up on the beach, we will think twice before
we do this again.
      Also, we should let them know that it costs $825.00.  Councilor
Wright: My suggestion is we approve conditionally and send a letter
stating the reasons.
       Amend the motion to send a letter of approval noting that the
burden of the town increases each year and we would like more cooperation
in the clean-up from them.
      Councilor Dolce seconded the motion.
      So unanimously voted on the amended motion.

3)        One-day license requests:
   Applicant        Type     Location    Date
Jamestown Yacht Club   Peddler     East Ferry     08/15/98
  Jamestown Rotary Club   Victualing     East Ferry     08/15/98

Councilor Amerigian moved to approve both licenses and waiving fee on the
second license. Councilor Wright seconded.  So unanimously voted.

Councilor Wright: I move to send Letter to Will Reynolds widow from
council. Councilor Amerigian seconded the motion.  So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Amerigian, seconded by Councilor Murphy to adjourn the meeting at 12:00
midnight.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk

cc:  Town Council Members (5)
  Town Administrator
  Town Solicitor
  Administrative Circulation