TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
August 24, 1998
(as amended on September 14, 1998)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:35 PM by Council
President Craig A. Amerigian. The following members were present:
David E. Dolce, Vice President
William H. Murphy
Fred F. Pease
Ellicott Wright
Also present were:
Arlene D. Kalooski, Town Clerk
Quentin Anthony, Esq., Town Solicitor

CONSENT AGENDA

Councilor Amerigian asked that items # 1a,1b, 5a, 5c, be removed. Motion
by Councilor Pease, seconded by Councilor Wright to approve the consent
agenda as amended. So unanimously voted. The amended consent agenda
consisted of:
 
1)   Adoption of Council minutes:
  c) 08/11/98 (executive session)
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
  a) Housing Authority (07/08/98
  b) Fort Wetherill Committee (07/30/98)
4)   Letter from David A. King, Executive Director of The Champlin
Foundations re: local interest in property tax dedicated to conservation.
5)   RICRMC notice
  b) Notice of hearing
     i) Walter J. and Diane E. Wallace to construct and maintain a
residential boating facility (Plat 2, Lot 102; 32 Orient Avenue)
     ii)   Stephen Evengelista to construct and maintain a residential
boating facility (Plat 4, lot 33; 368 East Shore Road) deadline to protest
09/14/98
     
1)   a) 07/27/98 (regular meeting)
Amendment to the minutes of 07/27/98:  Page 3, first paragraph the name
should be Donna Cote and again on page 4, paragraph 3; page 5 first
sentence is it your feeling and also in the same sentence of should be or
the; page 16 second paragraph, line 8 redo should be do; next sentence
should be $825.00.  Councilor Dolce moved to approve, seconded by
Councilor Amerigian.  So unanimously voted. 
 
1)   b) 08/11/98 (regular meeting)
Amendment to minutes of 08/11/98: Councilor Murphy: (to Clerk) Did you
make these changes on the minutes for July 13, 1998.
      Clerk: Yes.  Councilor Murphy: I'd like a copy of them.
Page 6, it appears that some of this comment is missing from Councilor
Amerigian's question regarding residency; page 10, paragraph 2 comment
pertaining to if we use the proposed surface as it is, in a few years, the
town will have to redo it in concrete or black top at the town's expense;
same page under new business, it should be noted that Councilor Murphy
recused himself from all Jamestown Lions Club votes; the bottom of page
11, before the Town Solicitor's comment should read - Councilor Murphy: Is
it possible for the commercial fishermen to park on the steel pier?  I
would like to see this looked into.
      Councilor Murphy: I will hold approving these minutes until all
corrections are made.
      Councilor Amerigian moved to table these minutes until they are
corrected, seconded by Councilor Pease.  So unanimously voted.

5)   RICRMC notice
  a) Cease & Desist Order: Ann and Donald Muir re: construction of a
residential boating facility within 200 feet of a coastal feature (Plat 7,
Lot 73; 44 East Shore Road)
Councilor Murphy: Does a copy of this Cease & Desist Order go directly to
the Jamestown Building Official?  Councilor Amerigian: I believe the state
sends a copy to him.
      Clerk: The Building Official is sent his own copy and we also have a
copy that we route to Department within the Town.
      Council Amerigian moved to approve 5a on the consent agenda.
      Seconded by Councilor Murphy.  So unanimously voted.

  c) Notice of decision: Town of Jamestown - Decatur Avenue #G-13 (Right
of Way) case expires on 09/18/98
Councilor Murphy: I move that a copy of this goes to the Parking Committee
because they will be working on the right of way.
      Councilor Wright seconded.  So unanimously voted.  Councilor Murphy
moved to accept this communication.
      Seconded by Councilor Amerigian.  So unanimously voted

OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address

Fire Chief Christman: I have a concern regarding the issue of Fort
Wetherill overlook.
      Chief Christman expressed great concern regarding the dangerous
situation at the area in Fort Wetherill referred to as the overlook.
      Chief Christman asked the Council to write a letter to the
Department of Environmental Management requesting them to install a fence
in that area so that the area would be unaccessible to the public.
      There have been several rescues in the recent past involving people
jumping off the cliffs and into the water.
       These people cause an emergency situation and we get the call to
respond.
       Council Amerigian: Chief, do you want to restrict access from the
shore.
       Chief Christman: I want to restrict access from the cliffs or 
however these people are getting there.
      Councilor Dolce: Is this the area South of the state highway garage?
   Chief: They sent someone down from the state saying that they need
medical records for an incident there.
      I'm not going to argue with these people.
      Councilor Amerigian: I'm still unclear as to where this access takes
place.
       Sam Patterson, Harbor Master: To the South base of the highest
ridge of the park.
      In the past, kids have been jumping off the cliffs there and every
year it gets worse and worse.
       I've called the Police Department and they have tried to get in
touch with DEM about that state park property.
      We have to respond to all of these state areas and  its a growing
thing,  there are more kids jumping from that cliff and it's just a matter
of time before someone else gets seriously hurt.
      Councilor Amerigian: It sounds like the only solution is signage or
a fence.
      Councilor Wright:   I move that the Town Administrator talk to DEM
and get back to us with a recommendation.
      Councilor Dolce seconded.  So unanimously voted.

Councilor Murphy: We were supposed to have advertising and a hearing
tonight for the no parking zone at the boat ramp for the Jamestown Shores
Beach.
      I'd like to know the status of that.
      Town Solicitor:  We were not able to get the advertisement in the
Newport Daily News in time for this to be on this evenings agenda.
        Councilor Murphy: Are we going to talk about the Shores Beach
stickers?  That was supposed to be on the agenda for tonight.
      Town Solicitor: It was a matter designating a no parking area at the
Shores Beach.
      Councilor Murphy:   That is the boat ramp.
      I'm saying the conversation we started the last time was pertaining
to the resident sticker system and was tabled to be picked up this evening
with input from Matt (Parks and Recreation Director).
     Town Solicitor: I know that Maryanne (Town Administrator) was looking
into the issues of terms and conditions associated with some of the monies
that came from the state for the acquisition of the land.
        Councilor Murphy: There was a short statement in her notes, but
that only talked about charging fees.
      Town Solicitor:  I've asked her that we get in writing the verbal
interpretation that DEM gave to the Town Planner.
       Councilor Murphy: So we can table that until we get that
information.
     Town Solicitor: I think we should find out what type of restrictions
are, if any, can be placed on the beach.
      Councilor Dolce: That was part of the motion that was made on August
11, 1998 on page 3 of 12.
      Parks and Recreation Director: So far this is only verbal from the
state.
      Joseph Dias from DEM, advised us that the grant used was an open
space recreation acquisition grant and that their are compliance issues,
we have to comply with state guidelines.
      It is my understanding that if we charge for a sticker, we cannot
charge a non-resident anymore than twice what we charge a resident and we
cannot eliminate non-resident access.
       Councilor Murphy: One of the things that I think we should do is
refer this to the parking committee to give us input to as to whether we
should look at issuing parking stickers for the area of Jamestown Shores
as well as all the right of way areas.
      Councilor Murphy: I move that we refer this matter back to the
Parking Committee for the Jamestown Shores Beach as well as all the right
of ways regarding parking sticker possibilities.
      Town Solicitor: The Council should not do anything until we see what
this DEM  determination might be.  Councilor Murphy withdrew motion. 

Councilor Murphy: I move that the Council acknowledge Dee Christman's
retirement with a  certificate that is suitable and appropriate for the
occasion.  Councilor Pease seconded.  So unanimously voted.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Councilor Amerigian presented items from the Town Administrator's report
that require the Council's consideration.

  a)       Award bid to Utility Communications Inc. re: Fire Department
monitors:
Motion by Councilor Pease, seconded by Councilor Murphy  to approve the
bid of $8,136.00 to Utility Communications Inc. for 24 monitors.  So
unanimously voted.

  b)       Award bid to Challenger Lifts Inc. for heavy duty lift:
After a request by the Public Works Director to postpone this decision,
Councilor Murphy moved to table this until the next meeting on September
14, 1998.  So unanimously voted.

  c)     School Committee vacancy:
Motion by Councilor Murphy, seconded by Council President Amerigian to
appoint Richard Walker to the School Committee (to fill term of Will
Reynolds, expiration date of May 1999).  So unanimously voted.

  d)     Retirees Blue Cross:
The Council discussed the information given to them by the Town
Administrator regarding her recommendation that employees who retire from
the Town with twenty or more years of service be allowed to purchase
health coverage, as a separate group, through the Town.
      This coverage would be funded by the retirees.
      Councilor Wright:   I would discuss this with the Town Administrator
when she is here.
      I move to do is extend coverage for these retirees until such time
as we arrive at a plan which is satisfactory to the Council and the Town
Administrator.   Councilor Dolce seconded.  So unanimously voted.

  e)      List of items to be submitted to Mr. Tony Phillips from the
Governor's office re: funding:
Council President Amerigian: Does anyone have any suggestions for things
that are not on this list, that you would like to discuss?  Councilor
Murphy: Under "Redesign and construction.....",  it should read
"Modification of the public rest room ...".  We already have a restroom. 
By using the words redesign and construction it sounds as though we want
to install a new restroom.
      We should elaborate on why we want to do this.
      Under Wastewater Management Plan, I would like to know what we are
approving the $15,000.00 for.  Is that to do research?   Is it to write an
ordinance?   Is it for public education?  Council President Amerigian:
That number came up because a presentation was made  by the people that
Mr. Powell brought.  Their estimate of the cost for conducting all phases
of the work added up to $15,000.00.  We are just using that as an
estimate.
      The Administrator suggested that we take money out of the
engineering budget to start phase one.
      Phase one being,  going through the search to hire a consultant and
the cost to have the consultant do the work.
      Councilor Murphy asked to have phase one defined and what would be
accomplished in phase one.
      I want to know what we're asking for, money for the ordinance, money
for the education brochures.
      I support the $15,000.00.  Councilor Amerigian: They are all
important, but the $105,000.00 is excessive.  I think that we should
prioritize these items.
      Councilor Murphy: If we all agree that all are acceptable, then
you're right we need to prioritize them.
      Councilor Dolce: I'd like to make a comment on one of these items.
      I think that whatever of these we choose should benefit the majority
of Jamestown and not specific areas or groups.
      The Open Space Acquisition/Watershed Area, what I would recommend is
expanding on that to include the protection of drinking water, the role
that drinking water is going to play in our future, so I feel that this
particular one is most important.
      This would also cover private wells and both reservoirs.
      Councilor Amerigian: I think that items three and four cover that
entire subject (Wastewater Management Plan and the Open space
Acquisition/Watershed Area).
     Councilor Dolce:   I think we should concentrate on pushing those.
      Councilor Murphy: When you say drinking water, what are you talking
about?  Councilor Dolce:  Open Space Acquisition for the purpose of
watershed protection in protecting our drinking water supply.
      Councilor Wright: I agree with David, the most important of these
items are the third and fourth.
     I would like to see this put in a motion with the other that is
important to me, the low flush toilets for low/moderate income families.
      Councilor Amerigian: So that would be $65,000.00.  Councilor Murphy:
If one of the items we submit does not fit the guidelines that they are
looking for, I don't want to fall below the $40,000.00 or $50,000.00. The
only one that I would line off would be the redesign and construction of
the public restroom at the Community Center.
     Councilor Amerigian: So your saying that you want them to be able to
kick a project off and still be at $50,000.00.   Councilor Murphy: Our
number one priority would be the open space acquisition/watershed area,
number two would be the Wastewater Management Plan, three would be the low
flush toilets for low/moderate income families, and then the East Ferry
Amenities.
      Councilor Murphy moved that we have rank order with the Open Space
Acquisition/Watershed Area as number one, Wastewater Management Plan as
number two, Low flush toilets for low/moderate income families as number
three, and the East Ferry Amenities would be number four.
      Councilor Wright seconded.  So unanimously voted.       

  f)      Approval for Phase I of the Wastewater Management Plan:
Councilor Murphy moved to table this until there is more certainty about
this plan.  Seconded by Councilor Wright.  So unanimously voted.

2)   Appointment to Tax Assessment Board of Review (1 vacancy; term ending
06/2001)
Councilor Wright  moved to reappoint Cliff Largess to this position.
      Councilor Murphy seconded.  Councilor Dolce called for discussion
regarding the interview with Mr. Ronald Martin.  Mr. Martin expressed an
interest in being available for future positions on this committee.
      Councilor Wright suggested to the clerk that she keep Mr. Martin on
the list in case a position becomes available.
     Unanimously voted to reappoint Cliff Largess.

3)   Quonset/Davisville Liaison Committee vacancy (continued from
06/22/98)
Because there are seven remaining members on this committee, Councilor
Murphy moved that this vacancy not be filled at this time; however, if any
other members resign we fill their position.
      Councilor Dolce seconded the motion.  So unanimously voted.

UNFINISHED BUSINESS

1)        Amendment consent agreement re: Mackerel Cove Heights, pursuant
to RIGL 42-46-5(a)(2) (litigation)
Councilor Amerigian move to proceed  with a resolution to release this
statement, Councilor Murphy seconded. So unanimously voted.  This
statement will be available at the Town Hall on Tuesday.

2)        Release of executive session minutes, pursuant to RIGL
42-46-5(a) et al
Councilor Murphy made a  motion to release these minutes in accordance
with the memo dated August 24, 1998.
      Councilor Amerigian seconded.  So unanimously voted.
Town Solicitor: We should continue this process of releasing minutes.
      Councilor Murphy made a motion to have the town clerk compile
executive session minutes from August 9, 1994 forward, for a two year
period to 1996, and have this list ready in two months for the Council's
review.  Councilor Amerigian seconded.  So unanimously voted.

3)      Fort Wetherill mission statement update
Councilor Amerigian: We received this revised mission statement from DEM
in response from the town and the National Parks Services objection to the
original plan.
      They seem to have summarized our concerns with their cover letter
regarding the scale of the project and our other concerns.
        Councilor Murphy: This should be referred to the Fort Wetherill
Committee.
      Does anyone on the council have any other concerns?  Councilor
Wright: I'm  uncomfortable discussing this until the Fort Wetherill
Committee looks at it.
      Councilor Amerigian: They want comments by September 8.  Councilor
Murphy:  I move to refer this matter to the Fort Wetherill Committee for
review and comment back to the council by September 14 and to have the
Town Administrator contact them to advise them of our schedule.
      Councilor Wright seconded with discussion.
      I think  giving a specific date to State is a bit risky.
      So unanimously voted.  Councilor Murphy will speak with the State to
make sure we can respond by the September 14 rather than September 8.  
Duncan Laurie, member of the Fort Wetherill Committee: Are you going to
give us any direction or are you looking for recommendations or analysis? 
Council Amerigian: We are looking for all those things.
      Does it truly address the concerns that we presented to them?  
Duncan Laurie:   I've only had parts of this read to me.
      There seems to be the DEM analysis is somewhat of a cross over of
the 1983 document and the Fort Wetherill master plan.
      They are two very different documents with two very different
statements.
      But what we have received here,  seems more like the Fort Wetherill
Master Plan.
     Do you want this clarified prior to us going into our committee
meeting as to which one of these two documents we are being asked to
addressed?   Councilor Wright: From my point of view, you should come back
to us with recommendations on how the Town would best be served.  Duncan
Laurie: To clarify, I am taking the position that the town wants us to
review this based on its current recommendation to DEM for the use of Fort
Wetherill.
      We are going to use the letter sent by the Town Council as the
basis.
      Councilor Murphy: That is the council's position, that is what we
want.  

4)        Harbor Commission Appointment review
Councilor Amerigian asked the clerk for her findings on the candidate that
was selected for the position as outside riparian owner representative.
      The clerk explained that Reverend Lemery has a dirt road in front of
his property and the shore; however, he holds a perpetual lease on the
property at the shoreline.
      Councilor Amerigian: The reason to have a riparian owner
representative on this commission is to represent the interest of raparian
owners.
       Sam Peterson, Harbor Master, clarified that Reverend Lemery has a
class 3 reparian mooring which is for a resident, non-reparian.
      Councilor Murphy: We had one candidate that met our guidelines.
       Councilor Amerigian:   Lets clarify if the remaining candidate Mr.
Patrick Bolger owns waterfront property.
     Councilor Murphy:   I would like to move ahead with this.
      I move to appoint Patrick Bolger to the Harbor Management Commission
as the outside raparian.
     Seconded by Councilor Pease.
      So unanimously voted.  Councilor Wright: Moved to have the clerk
speak with the candidate that we just found ineligible.
      Councilor Murphy seconded.  So unanimously voted.

5)        East Ferry re: parking permits
Councilor Dolce:   Based on my concerns, I am not in favor of providing
parking permits.
      I understand the fishermen's concerns.
      We are still willing to work with them.
      Councilor Wright: I agree.
     Councilor Amerigian: I also agree.
      Councilor Pease: I think the issues got aired but also sort of mixed
up and it gets emotional.
      We all know that fish spoils when the sun gets at it, but how do you
justify a privilege like that .
      I  hope they get together with using the parking behind the
Jamestown garage.
      Councilor Murphy: The only other point is the steel pier is still
available for them.
     Mr. Munger states that they are welcome to that.  It was a consensus
of the Council that no further action was required.

6)      Planning Commission
  d) Memorandum from Building Official re: Modifications to the zoning
Councilor Murphy: I move to advertise the ordinance amendment to Article
6, Section 609 - Modification Granted by Building Officials for a hearing
scheduled at the first available date.
      Councilor Wright seconded.  So unanimously voted.

COMMUNICATIONS

1)   Letter from Mark Pfetzer and Steven S. Jameson re: support for cancer
research
Councilor Dolce moved to accept.
      Councilor Wright seconded.  So unanimously voted.

2)   Letter from the Rotary Club re: 23rd annual "round the island bike
race"
Councilor Murphy moved to accept the letter.
      Councilor Pease seconded.  Councilor Amerigian for discussion. Are
police involved in this?  We should be cognizant of expenses to the town.
        Councilor Wright: Perhaps we should go ahead with this but at the
end of the event someone  can tell us how much this costs, so that next
year when this comes up we will know 
what the expenses are to the town.
        Councilor Wright  moved that we ask the Town Administrator to
provide us with  a rough estimate  for the cost of having the police
assist at the Jamestown Rotary Club's "round the island bike race".
      Councilor Amerigian seconded.  So unanimously voted.

3)   Letter from Welcome House re: "The Gene Abbruzzi Memorial Plunge"
Councilor Amerigian moved to have the Town Administrator investigate
whether Welcome House is currently receiving funding from the town, and
what the cost of town services would be for this event and ask her to
bring the information to the next town meeting and when we put it on the
agenda to advise Linda Barden be invited to attend for discussion.
      Councilor Murphy seconded.  So unanimously voted.  

4)   Letter from Philip Calcina re: collection of water on North Main Road
Councilor Amerigian: I would like to refer to Public Works Department and
ask that they get back to us with an answer at the next council meeting so
that we can respond to Mr. Calcina.  Councilor Murphy seconded.  So
unanimously voted.

5)   Letter from E.T. Littlefield re: health care coverage for retirees of
the town of Jamestown
Councilor Murphy: Moved to accept.
      Councilor Pease seconded.  So unanimously voted.

6)   Letter from Jamestown Historical Society re: use of map of the island
that hangs in the town hall
Councilor Pease move to grant the use of this map for the following dates,
August 31 to September 14.
          Councilor Murphy seconded.  So unanimously voted.

7)   Grievances
  a) Clarke N. Westall  
  b) Officer Angela M. Benedetti
Councilor Amerigian moved to accept the communications from Clarke Westall
and Officer Benedetti.  Councilor Pease seconded.  So unanimously voted.

ADJOURNMENT

There being no further business before Council, motion by Councilor
Murphy, seconded by Councilor Amerigian to adjourn at 8:50 PM.
     So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk