TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
 
Proposed Parking Permits for 
East Ferry Work Session
August 24, 1998

A work session of the Jamestown Town Council was called to order in the
conference room of the Jamestown Philomenian Library, 26 North Road, at
6:50 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
Samuel Paterson, Harbor Master
Matthew Bolles, Parks and Recreation Director
David Pritchard, Harbor Management Commission member, 
(representing the commercial fishing industry)

Paula King, Beacon Avenue: In the past, have there been complaints to the
Council in reference to the commercial fishermen parking in the East Ferry
parking area?  Councilor Amerigian stated that this was not brought about
by complaints to the Council, but by due diligence by the person hired in
the summer to oversee parking and the enforcement of parking regulations.

Mr. Carvalho, 11 Pontiac Road, Narragansett: The reason no tickets were
issued to the vessel owners last year was because the young fellow that
was in charge of parking recognized that the fishing vessels were not
ticketed.  A few years ago there was not a problem with fishermen and the
access to their fishing vessels.
      We had a place to park and we had a place to service our vessels.
      That place was the area that the town now calls the loading zone.
      What we had was unrestricted parking, a place to load and unload our
vessels, and a place for vehicles to service our vessels.
      When the marina was expanded it was in the proposal and it was
understood that it would put greater stress on the facilities that are
down there.
       The fisherman's concerns were expressed to the Harbor Commission.
      This council is aware of all these proceedings.
      At that point we were asked to move our vehicles to the parking lot
so we could have expanded use, and a more restrictive use of the immediate
area for loading and unloading our vessels.
      We agreed in cooperation, however we expressed our concern that we
were not going to move simply to allow the place where we park and load
and service our vessels, simply to allow someone else to come in and take
over the parking area.
      At this same time, the time limit for the parking lot was changed. 
We could not fit into a two hour time frame so we asked for parking
permits for those that have vessels.
      Now the council has made that into a loading area.
       What we are asking for is the ability to have unlimited parking,
because most of our days are greater than 12 hours and in many instances
is greater than 24 hours.
      Parking at random could be done by sticker permits.
      We cannot park and do our normal business without being in violation
of the law.
      There has not been a heavy enforcement of this parking law in the
past.
       The council has taken away the parking that we had, and has solved
1/2 of this problem by putting in a loading zone area.
      Councilor Amerigian:  I don't understand why a loading zone does not
solve this problem with support vehicles.
      I have had a discussion with Mr. Munger, who is your landlord, he
says that you are welcome to park in the lot behind the Jamestown Garage.
      You can park there overnight, as long as you need.  Councilor
Murphy: You, as his guest, are entitled to park at Taylor Point, or behind
the Jamestown Garage, and you are entitled to his shuttle service.
      And in fact, you are entitled to park on that steel pier; so there
is parking for you in that square.
      If you feel that you need designated parking spots, I would advise
you to talk to your landlord.
      Mr. Carvahlo:   If Mr. Munger is not acting as an agent for the
Town, and he is in fact our landlord, that means that we can bid for this
lease ourselves, against Mr. Munger.  Councilor Murphy: Let me clarify
this again.
      Mr. Munger is not our agent.  He is your landlord.  Mr. Carvalho: 
If your direction is to allow us to compete with Mr. Munger and the
payment of the lease to the Town, then we will go in that direction.
      It was my understanding that it was at the Town's convenience they
directed for lease to Mr. Munger so that Mr. Munger would relieve them of
dealing with the individual commercial fisherman.
      It is my understanding also that the Town dictated what would be
charged to these people.
      Councilor Amerigian: The Town does dictate what the charge will be.
      Mr. Carvalho: So then Mr. Munger is acting as your agent.  Councilor
Amerigian: No.
      Mr. Carvalho:  When you dictate what he collects then he is your
agent.
      Councilor Murphy: Has Mr. Munger ever represented himself to you as
an agent of the Town?  Mr. Carvalho: He has not used that term.  Councilor
Murphy: I believe that the Town Solicitor cleared this up at a previous
meeting that Mr. Munger is not our agent. 

Mr. Pritchard, Harbor Management Commission member:   Is there a revenue
share with Mr. Munger?    Councilor Amerigian: The last time that lease
was signed, that pier was rolled into the lease for an increase of about
$2,000.00.  We lease it to him with the provision, and you have referred
to the  Comprehensive Plan on numerous occasions, as indicating that we
want to provide for fishermen and the fact that we charge you $35.00 per
foot per annum, rather than the $90.00 per foot, per season that Mr.
Munger charges his recreational boaters is a sign of the fact that the
Town dictates to him that he must rent to you at a lower rent.
      Mr. Pritchard: The Comprehensive Plan also addresses parking and the
need to provide access.
       It is not appropriate for you to say that Mr. Munger is the
landlord and it is his duty to arrange for parking.

Town Solicitor arrived at 7:10

Greg Murphy, Davit Avenue: Mr. Murphy explained the necessary steps that
he went through, explaining that because his vehicle was such a distance
away from his vessel that this parking problem has cost him at least
thirty (30) minutes of time just to go back and forth from vehicle to
vessel.
      Mr. Murphy stated that if he would be allowed to buy a parking space
he would be very willing to do so.
      Councilor Amerigian: Business owners must provide parking for their
businesses.
      Businesses that predate the zoning, as in the Hardware store, cannot
expand their operation if they do not have parking on site.
      Businesses have to provide their own parking at their own expense.
      You are a tenant of the dock and are purporting to being a business
and you do not have to provide parking for your business.
      This discussion continued for approximately twenty minutes, with the
commercial fishermen presenting their plea for parking permits.
      Councilor Amerigian invited other attendees to present their
feelings on this matter.

Chuck Masso, East Shore Road:  I've spoken to Gerry (Mr. Carvalho), and
I've spoken as the Jamestown Village Association our general feeling is
that as a special interest group we understand the situation with the
fishermen and we can appreciate the hardship this puts on them, but I
don't understand how anyone could conceivably think that a special
interest group could get special parking permits for those precious
parking spaces that are there for the general use of the local retail
businesses.
      If they get special permits because they are business owners, then
call in every business owner and give them to all of us.
      I also don't know, out of those eleven parking spots that they have
requested, how many of these fishermen are Jamestown residents or pay
tangible property taxes on their inventory.
      Councilor Murphy: When was our zoning ordinance put in place?  Town
Solicitor: The ordinance was amended in 1995; however, there was a major
change in 1982. 

Mr. Carvalho: The nature of the fishing business is very competitive.  It
is amazing that he (Mr. Masso) should raise the issue that we don't pay
taxes, and that some of us are outsiders.
      Councilor Amerigian: I don't think there is any provision for
fishermen to pay taxes in the town.
      Mr. Carvalho:  We provide a public service of harvesting the
resources for those who cannot.
      We are licensed to do so by the State of RI (Article 1, Section 17).
      Does the town support this?  Councilor Amerigian: This is an unusual
situation.
      Everyone is vying for this space.
      Councilor Murphy: Why can't you park on the steel pier?  Mr.
Carvalho: The steel pier is not wide enough.
      If you make it wider then we could use it. 

Unidentified person:  Right now the commercial fishermen enjoy a fair
amount of privileges that other businesses do not.
      They have a touch and go space, they get the a prime spot because
there down there so early.
      I think the compromise has already been established.  I don't know
how much more is fair.
      If you do give them permits,  then all business owners will be
asking for our special permits. 

Steve Sherman, Narragansett Avenue:   I think they have a valid complaint.
      We have similar parking problems that they do.
      If someone goes to a restaurant for two hours in front of my
building that really irks me.
      You folks (Town Council) have to do something.
      I don't know what the answer is but I think we need a parking
committee to address this.

Kerry Sheehan, 47 Conanicus Avenue:    As a downtown business owner (New
England T-Shirtery), I sympathize with the fishermen.
      Something has to be done.
      The town is growing which is causing problems.
      I am in agreement with Steve (Mr. Sherman).

Paula King: Please clarify something, you said that the new zoning states
that  a new business must provide their own parking.
      Councilor Amerigian: Yes.
      Paula King: There are several new businesses, and although there may
be buildings that have previously existed, they are new businesses down in
that area who all share the same community parking and do not provide
their own parking.
      Town Solicitor: Let me provide some history on the Hunt block.
      That building only exists by virtue of the fact that they own
parking places behind Trattoria.
      They bought the parking spaces in 1984 or 1985, so they do own
parking for that building.

Mr. Pritchard: As Mr.  Carvalho summed it up,  it was in 1996 that the
Harbor Commission was approached with the idea that we needed more space
for boats at the end of the wood pile pier.
      And that implied official agreement was made with the commercial
fishermen.
      In the past two years, have there been any objections noted?  There
are never eleven parking spaces used by commercial fishermen at one time.
      Again, when we come to the Council their remedy is to tell the
fishermen to park up the street.
      Councilor Amerigian: Your landlord has made it clear that you can
park behind the Jamestown garage.  

Greg Murphy: I spend twelve thousand dollars at the Shell station here in
town and I buy supplies at other businesses in town.
      I get very little from the taxes I pay in this town.
      I cannot understand why you will not consider my needs.
      I need more access than what you are providing.  

Mr. Carvalho: Could the Town Solicitor clarify Mr. Munger's position.  Mr.
Munger has dictated what type of vessel can lease the dock and the rent
paid.
      Based on those restrictions, is he an agent of the Town?  Town
Solicitor: I do not have the lease here in front of me and cannot comment
on that at this time.
      Councilor Murphy:  You do not pay rent to us and you are not our
(the town's) tenant.

Randy Tyson, Seaside Drive: We're talking about public parking.
      It sounds to me like they are leasing from Bill Munger and I don't
think that gives them any more access to use public parking.
      They are provided parking by Mr. Munger.  We are talking about
public parking and that must be for everyone.
      The town cannot permit these spaces to be designated to a special
interest group.

Councilor Amerigian concluded  the work session at 7:30 PM.

Attest:

Arlene D. Kalooski
Town Clerk