TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
November 23, 1998
(As amended on December 14, 1998)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian, at 7:00 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
Quentin Anthony, Esq., Town Solicitor
Lisa Bryer, Town Planner
Matthew Bolles, Director of Recreation
Betty Hubbard, Planning Commission
Christopher Powell, Conservation Committee
Richard Allphin, Zoning Vice Chair

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Public hearing on renewal applications:
CLASS B - VICTUALER

Midwest Electric, Inc.
dba Bay View Bar and Grille
53 Conanicus Avenue, Unit 1R
It was moved by Councilor Amerigian, seconded by Councilor Dolce to
approve the renewal of a Class B - Victualer license for Midwest Electric,
Inc. (dba Bay View Bar and Grille), subject to the payment of taxes, debt,
and required signatures.  So unanimously voted.
 
In consideration of the residents attending the meeting to discuss zoning
amendments, Councilor Amerigian requested to have the Public Hearing for
Zoning Amendments moved up on the agenda.
      There being no objections, the meeting continued.

2)   Proposed Zoning Ordinance amendment to Article 6. Section 609-
Modifications Granted by Building Official
Councilor Amerigian called for discussion on the proposed zoning ordinance
amendment to Article 6, Section 609 - Modifications Granted by Building
Official.
      There being no objections, it was moved by Councilor Wright,
seconded by Councilor Dolce to approve the zoning amendment to Article 6,
Section 609 - Modifications Granted by Building Official.
      So unanimously voted.

3)   Proposed Zoning Ordinance amendments to the Zoning Ordinance re: Open
Space
  a) Memorandum with attachments from the Town Planner
  b) Letter from Barbara D. and Nicholas Schaus
  c) Letter from Betsy Gooding representing Jamestown Pool Study Committee
  d) Letter from Corcoran, Peckham & Hayes, P.C. representing the Estate
of Elizabeth H. Beaumont (Hodgkiss Farm)
It was moved by Councilor Amerigian, seconded by Councilor Dolce to accept
the letters regarding the proposed zoning amendments to Open Space.
      So unanimously voted.

Christoper Powell from the Conservation Commission presented the changes
in classification relevant to open space.
      Mr. Powell informed the audience that these changes started to take
shape in 1995.
      Slides were shown indicating where these changes would take place
and what the impact would be on these locations.
      Mr. Powell identified the classifications as:
Open Space I     Conservation sites (strictest designation) which should
be kept in its current state no modification of use.
Open Space II    Developed sites which would need special exception for
any modification to use, with the exception of some agricultural uses.
After the presentation by Mr. Powell, Councilor Amerigian opened the
hearing for public comment.
Raymond Iannetta, North Main Road, read a prepared statement to the
Council requesting to preclude any development of the Transfer Station
property by including it in the new Open Space I classification.
      Mr. Iannetta cited various Federal and State testings done on the
property immediately surrounding the transfer station classifying this
area as a possible contaminated site requiring additional testing.
      Mr. Iannetta requested that the Council investigate the possibility
of unacceptable landfill being dumped by the Town at this site.
David Martin, 5 Fairview Street, requested that the Council rethink the
zoning change which would permit the Highway Barn to be built adjacent to
the Transfer Station.
Councilor Amerigian reminded the audience that there has been no decision
by the Council as to where the Highway Barn would be located.  Council
Amerigian requested that comments be addressed to the proposed zoning
changes.  
Norma Willis, North Main Road,  directed her comments to Lot 47 which she
stated is included in the site for the transfer station/landfill and
requested that this area be classified as Open Space I because of the
possibility of pollution in that area.
      Ms. Willis stated that because all homes located on the North end
are on wells and the chance of any contamination in that area, this
amendment should be sent back to the Planning Commission for
reclassification of Lot 47.
Robert Sutton, Rosemary Lane spoke to the Council in his capacity as a
Department of Environmental Management representative.
      Mr. Sutton presented a letter from Mary E. Kay, Deputy Chief Legal
Counsel and the comment that the department supports the intention of the
ordinance and in no way should this letter be construed as an opposition
to the Town's moving to protect open space.
      The letter was read by Mr. Sutton for the record.    
Richard Allphin, Clarke Street suggested that the proposed changes came
about in July with no changes to the area near the Transfer Station.
      Additionally, he suggested that it was then sent back to the
Planning Commission so that they could take a new look at that specific
area for reclassification. 
Jean-Guy Schilling, East Shore Road stated that these proposed changes
were confusing and expressed his concern as an abutter of Plat 4, Lot 12
which is being subdivided, with one part being protected in the watershed
area and the other section to Open Space II. 
Megan Cloud, America Way expressed her concern about the proposed changes
in the area near the Transfer Station and the definition of open space. 
Hazel Turley, Seaside Drive read letters of public records dated April 25,
1988 referring to an emergency ordinance passed (Section 6.3, Vieira
Farm), and a May 1988 communication from the Conservation Commission -
subject, Vieira Farm subdivision - recommending a denial of final approval
until a hydrological study for potential groundwater contamination be
completed.
Karen Easton, Seaview Avenue inquired as to the classification of area
located in Plat 7 citing three different changes.
      Councilor Amerigian stated that these changes are proposed for the
area at/near the Sewage Treatment Plant.
       Additionally, Ms. Easton requested clarification on proposed
changes to Plat 5, specifically at the town ballfield.
      Betty Hubbard, Planning Commission, stated that the town ballfield
was taken into consideration when proposing these changes to Plat 5. 
Gary Wheelock Seaside Drive asked if parking or picnic benches would be
allowed on walking paths (right of ways).
      Christopher Powell, Conservation Commission stated that there is no
parking allowed in these areas, any additional information regarding right
of ways will be answered at a later date.
Kristen Zhivago, Seaside Drive suggested that the Council consider a
different term when referring to open space where a building is already on
it or permitted on it. 
Sandy Kane, North Main Road stated his objections to the process of
designating open space.
Bar Wharton, Calvert Place suggested a different approach for the area
known as the Jamestown  Golf Course, as this property has restriction on
the chain of title against building on any portion of that land with the
exception of area at the club house. 
Nina Pessari, Reservoir Circle expressed concern on the area in Plat 4,
Reservoir Circle.
     Councilor Murphy confirmed that this area is not being changed. 
Mike Hastings, North Main Road informed the Council that he is against
Open Space II and would propose an institutional zone instead.
Emmet Turley, Seaside Drive reminded the Council that in 1988 the area
near the old Vieira Farm was thought to be not fit for human habitation.
Eric Stevens, Endless Energy, promoter for renewable energy.
      Asked the Council to reconsider their banning of wind power.
      Mr. Stevens informed the Council that wind generation could provide
revenue to the Town as well as cheap and affordable energy. 
Phil Willis, North Road stated that private wells cannot be put at risk,
this is not the only location that could be considered for the Highway
Barn. 
Peter Twombly, Marine Avenue commended everyone that worked on these
changes; however, would urge the Council to consider the Transfer Station
separately.
Jack Hubbard, Emerson Road suggested that Open Space II is more
restrictive than current Open Space and Open Space I is even more
restrictive and more strongly protects conservation lands.  
Philip O'Neil, America Way remarked that Open Space II in residential
areas is not more restrictive and should not be considered for anything
that is zoned for residential.
Betsy Gooding, Highland Drive spoke in favor of current amendment to split
Open Space into Open Space I and Open Space II; however, Ms. Gooding
referred to Table 3.1 as too restrictive under IV. Government, Educational
and Institutional and suggested that it be changed to allow some active
participation recreation for future program development.
Ann Roache, Shamrock Court expressed her alarm that Open Space, which is
sacred to all of us, is in danger and urged the Council to rethink this
issue and perhaps create another designation such as industrial.
Sterling Graham, Racquet Road stated that Open Space II is misleading and
perhaps there should be a third category.
David Swain, Scull Street suggested that the Council table the Open Space
II and continue on with the zoning ordinance.
Dan Neil, Summit Avenue expressed his concern regarding lot 47 and stated
that this lot should be untouchable for now and in the future.
David Martin expressed his concern about banning wind generation and
stated that this should be changed to special  exception.
Frank Julian, Columbia Lane suggested that the zoning ordinance be
redesigned.
Robert Sutton requested that the Town Council include the Department of
Environmental Management in their considerations when making amendments to
the zoning as the DEM is the owner of much of this land being considered
for rezoning.

Councilor Amerigian concluded the public hearing for the proposed
amendment to the zoning ordinance at 8:40 PM.

After discussion by the Council and in consideration of the comments and
concerns that have arisen out of this public hearing, it was moved by
Councilor Amerigian, seconded Councilor Wright to continue this hearing
until February 1, 1999 at 7:30 PM.   So unanimously voted.
Christopher Powell, Conservation Commission requested a work session be
held with the Town Council, Planning Commission, and Conservation
Commission, to meet before the February 1st public hearing in an attempt
to work out some of the concerns regarding this proposed amendment.

CONSENT AGENDA

It was moved by Councilor Dolce, seconded by Councilor Wright to approve
the consent agenda.
      So unanimously voted.  The approved Consent Agenda consisted of:
1)   Adoption of Council minutes:
  a) 11/09/98 (Regular Meeting)
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
  a) Highway Barn Committee (08/27/98, 10/01/98 & 10/15/98)
  b) Planning Commission (10/21/98 & 11/04/98)
  c) Tax Assessment Board of Review (10/29/98)
  d) Quonset/Davisville Liaison Committee (10/26/98)
  e) Jamestown Housing Authority (10/14/98)    
4)   RICRMC notices
  a) Finding of no significant impact
     i) Robert Settipane to construct and maintain a fence (Plat 16, Lot
9; 311 Seaside Drive)
     ii)   Settipane Family Trust to construct and maintain a fence (Plat
16, Lot 11; 311 Seaside Drive)
5)   Abatements/Addenda of taxes report of Tax Assessor received 11/19/98

EXECUTIVE SESSION ANNOUNCEMENT
None
PUBLIC HEARINGS

1)   Extended operating hours Victualing License renewal:     
     APPLICANT               HOURS
     Cumberland Farms, Inc.           5:00 AM to 11:00 PM
     dba Cumberland Farms Store #1108    (RIGL allows 2:00 AM
     41 North Road              closing)
It was moved by Councilor Amerigian, seconded by Councilor Dolce to
approve the extended operating hours Victual license renewal for
Cumberland Farms, Inc. (dba Cumberland Farms Store #1108), subject to the
payment of taxes, debt, and required signatures.

OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
  a)    Requested action by Council      
Governor's Holiday Celebration  It was moved by Councilor Pease, seconded
by Councilor Murphy to have the Town Administrator arrange a drawing for
the name of a child, up to the age of 10 years old, to attend the holiday
celebration for the State of Rhode Island.
      This child would represent Jamestown and participate in the tree
trimming at the State House.  So unanimously voted.
Request from Quonset Air Museum  It was moved by Councilor Murphy,
seconded by Councilor Pease to donate the Town's five ton wrecker to the
Quonset Air Museum.  So unanimously voted.
Church Community Housing  Mr. Steven Ostiguy, Executive Director of Church
Community Housing presented the process to be used for the Town to
exercise their preemptive right to obtain the properties that the State
acquired during the Route 138 construction.
       These properties would then be purchased by Church Community
Housing for rehabilitation and sale to first time home buyers that are
eligible through income.
      The Council expressed concerns with the ground water in that area
and the possibility that some of the properties would not conform to
zoning.
      It was moved by Councilor Murphy, seconded by Councilor Amerigian to
authorize the Town Administrator to notify the State that the Town is
going to exercise its preemptive rights to purchase the surplus property,
it is understood that there will be no expenditures to the Town.
      So unanimously voted.
Land Bank Workshop  It was moved by Councilor Amerigian, seconded by
Councilor Wright to hold the Workshop for Land Bank on December 21, 1998
at 7:00 PM in the Library.
      It was moved by Councilor Murphy, seconded by Councilor Wright to
begin the Water and Sewer meeting on December 21st to 8:00 PM to
accommodate the workshop.  So unanimously voted.
Removal of tree from Highland Drive (town property)  The Town
Administrator suggested that she would talk to the Tree Warden regarding
this request.
      It was moved by Councilor Wright, seconded by Councilor Pease to
continue this on the agenda for the next Council meeting on December 14,
1998.  So unanimously voted. 
2)   Memorandum from the Town Clerk re: Beavertail State Park Advisory
Committee vacancies (2)
It was moved by Councilor  Amerigian, seconded by Councilor  Wright to
reappoint Bertram Lippincott for term ending December, 1999.
      So unanimously voted.  It was moved by Councilor  Wright, seconded
by Councilor  Pease to appoint Robert Griffin to the Beavertail State Park
Advisory Committee, term ending December 2000.  So unanimously voted.
3)   Memorandum from the Town Clerk re: meeting schedule
It was moved by Councilor Murphy, seconded by Councilor Pease to cancel
the Town Council meeting on December 28.  So unanimously voted.
4)   Letter from the Tax Assessment Board of Review re: appointment of
officers and appeals
It was moved by Councilor Amerigian, seconded by Councilor Wright to
accept the communication from the Tax Assessment Board of Review.
      So unanimously voted.

UNFINISHED BUSINESS

1)   Fort Wetherill Committee update
Councilor Pease removed himself from this portion of the meeting.
Fort Wetherill Committee member Duncan Laurie gave a brief report based on
 a letter from Robert Sutton of the Department of Environmental Management
to the Town Administrator, dated October 29, 1998.
      Mr. Laurie reported that the letter sent by the Town to Mr. Andrew
McLeod, Director of RIDEM on September 21, 1998 is an adequate summary of
the points that the Town needs to discuss with DEM prior to entering into
any contract or any negotiations.
      Since that letter has been sent we have received no answers to our
concerns.
      Mr. Laurie stated that there is little time left to make an
agreement with the DEM and suggested that this agreement should be
negotiated through the Town Council, Town Administrator and DEM.
      It was moved by Councilor Murphy, seconded by Councilor Wright to
have the Town Administrator contact Mr. Sutton, with a copy to Mr. Kelly
of the National Parks Service, and Mr. McCleod to request that we have a
meeting to discuss and resolve the issues mentioned in the letter dated
September 21, 1998.
      So voted.   The Council discussed who would do the negotiating for
the Town.
      It was the consensus of the Council that Town Administrator and  the
Town Solicitor, with the Fort Wetherill committee being used as a
resource, will handle the negotiation process.

COMMUNICATIONS

1)   Letter from W. Craig Armington re: lighting on the Jamestown Bridge
It was moved by Councilor Amerigian, seconded by Councilor Murphy to have
the Town Administrator enquire as to what the State's policy is for
lighting on the Jamestown Bridge so that the Council can respond to Mr.
Armington.  So unanimously voted.
2)   Letter from Laszlo Siegmund re: proposed consolidation of the
administrative offices
It was moved by Councilor Wright, seconded by Councilor Amerigian to
accept the letter from Mr. Siegmund and ask the clerk to add this and any
other correspondence on this issue to be included in packages relating to
this subject.  So unanimously voted.
3)   Letter and petition submitted by Gary A. Girard re: proposed highway
barn
It was moved by Councilor Dolce, seconded by Councilor Wright to accept
the petition presented by Gary A. Girard.  So unanimously voted.
4)   Damage claim from Fred and Linda Brown re: auto damage   
It was moved by Councilor Murphy, seconded by Councilor Wright to refer
the damage claim from Fred and Linda Brown to the Town Solicitor.
      So unanimously voted.

NEW BUSINESS

1)   Civic group signs (per Councilor Murphy) 
Councilor Dolce expressed his concern about the number of signs and
discussion ensued on a process for considering these requests.
     It was decided that all requests could be consolidated and the
Council would then decide on an appropriate area to display them.
2)   Church Community Housing and affordable housing re: Route 138 (per
Administrator)   
previously discussed
3)   Victualing license renewal application:
     Applicant
     Conanicut Yacht Club    
It was moved by Councilor Murphy, seconded by Councilor Dolce to approve
the victualing license renewal for Conanicut Yacht Club, subject to
payment of debt, taxes and required signatures.  So unanimously voted. 
4)   Miscellaneous license renewal applications:
     Applicant               Type
     Conanicut Yacht Club       Entertainment (full year)
     Jamestown Senior Citizens Assn.     Bingo 
  a) Letter requesting waiver of license fee
It was moved by Councilor Murphy, seconded by Councilor Dolce to approve
the entertainment license for the Conanicut Yacht Club, subject to the
payment of taxes, debt, and required signatures.
      It was moved by Councilor Murphy, seconded by Councilor Wright  to
approve the license for Bingo for the Jamestown Senior Citizens
Association and waive the fee. So unanimously voted.

EXECUTIVE SESSION

None
ADJOURNMENT

There being no further business before Council, motion by Councilor
Amerigian, seconded by Councilor Pease to adjourn the meeting at 10:11 PM.
     So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk