TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
March 22, 1999
(as amended on April 12, 1999)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:33 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/Finance Director
Arlene D. Kalooski, Town Clerk
Quentin Anthony, Esq., Town Solicitor
Stephen J. Goslee, Public Works Director
Lisa Bryer, Town Planner
Arthur J. Christman, Fire Chief
J. Christopher Powell, Conservation Chair
Richard Allphin, Zoning Vice Chair
Dennis Webster, Quonset Davisville Chair

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

1)   Proposed proclamation honoring the month of April as Fair Housing
Month
  a) Request from Community housing Resource Board
It was moved by Councilor Pease, seconded by Councilor Murphy to adopt the
Resolution proclaiming April as Fair Housing Month.  So unanimously voted.
  
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

NoneCONSENT AGENDA

Councilor Amerigian asked that item #1a be removed from the consent
agenda.
      It was moved by Councilor Dolce, seconded by Councilor Wright to
accept the consent agenda as amended.  The consent agenda consisted of:
1)   Adoption of Council minutes:
  b) 03/08/99 (Regular Meeting)       
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
  a) Library Board of Trustees (02/17/99)
  b) Harbor Management Commission (01/13/99 & 02/10/99)
  c) Quonset/Davisville Liaison Committee (02/04/99 & 03/11/99)

  d) Planning Commission (03/03/99)                  
4)   RICRMC notices
  a) Residential Assents
i)   Gertrude M. Abrahamson, et al to construct an attached garage
addition to existing single family dwelling and to install a permeable
driveway (Plat 3, Lot 124;455 Seaside Drive)
     ii)   David M. and Sally J. Ryan to construct a three story garage
addition with "L" shaped breeze-way to the existing single family dwelling
(Plat 8, Lot 30; 101 Melrose Avenue)
  b) Finding of no significant impact: Town of Jamestown to repair
existing sidewalk (Plat 9, Lot 355; Conanicus Avenue)
5)   Copy of resolution from the Town of North Kingstown re: proposed USS
Saratoga Museum
6)   Conference (04/23/99) re: future of Quonset Point
7)   Abatements/Addenda of taxes report of Tax Assessor filed 03/18/99
********************** 
1)   Adoption of Council minutes:
  a) 02/16/99 (Fort Wetherill Workshop)
It was moved by Councilor Wright, seconded by Councilor Pease to accept
the 02/16/99 Fort Wetherill Workshop minutes without any changes.
      So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

At 7:37 PM, Councilor Amerigian opened the public hearing for the proposed
zoning ordinance amendments.
1)   Proposed Zoning Ordinance Amendments re: Open Space (continued from
03/10/99) 
A brief discussion ensued on the properties in municipal zoning and if
they were addressed in this proposed zoning ordinance amendment.
     The Town Planner informed the Council that the Planning Commission
will be dealing with these parcels at the present time and will forward
information to the Council as soon as possible.
       It was moved by Councilor Wright, seconded by Councilor Amerigian
to accept the changes as presented by the Planning Commission with their
memorandum dated March 18, 1999, including the change in item #6, Toll
Booth area from OSII to OS.
      So unanimously voted.   (this motion is repeated again at end of
paragraph)  Councilor Pease addressed the allowance of windmills in
Jamestown.
      It was the consensus of the Council that, at present, the zoning
ordinance permits wind generators by special use permit in every zone
except the newly created OS I and OSII zones.
      There being no further discussion, it was moved by Councilor
Amerigian, seconded by Councilor Murphy to close the hearing on the
Proposed Zoning Amendments on Open Space.  So unanimously voted.
It was moved by Councilor Amerigian, seconded by Councilor Pease to amend
the zoning ordinance based on the amendments presented by the Planning
Commission in their memorandum dated March 18, 1999.
      So unanimously voted.  It was moved by Councilor Murphy, seconded by
Councilor Amerigian to have the Town Mapper amend the Town map.
      So unanimously voted.It was moved by Councilor Murphy, seconded by
Councilor Amerigian to refer the properties remaining in OS and any other
properties that need to be addressed in municipal or institutional zoning
back to the Conservation Commission, Planning Commission and the Town
Planner and request that they return to the Council by the end of May with
any changes.  So unanimously voted.
a)   Memorandum from the Planning Commission
Previously addressed as the March 18, 1999 memorandum attached to the
zoning amendment.

OPEN FORUM

1)   Scheduled Requests to Address    
Councilor Pease asked to address the Council with a problem that had been
brought to him.
     Councilor Pease stated that it has come to his attention that the
North End Bargain Center, located on North Road, has fallen behind in
their taxes.
      Councilor Pease noted that the owners, Mr. & Mrs. Frank Pemantel,
have made monthly payments towards their tax bill; however, because they
are behind, their Sunday Sales License has not been renewed.  Councilor
Pease requested that the Council consider granting them a conditional
license, in an attempt to assist them in bringing their taxes up to date.
      It was moved by Councilor Pease, seconded by Councilor Murphy to
conditionally renew the Sunday Sales License for the North End Bargain
Center, until the Town Administrator and the Tax Collector can meet with
Pementals to work out a schedule of payment to be presented to the Council
for their approval.  So unanimously voted.
Sandy Kane, North Road inquired if Lieutenant Balzer, who was at the last
Council meeting, was paid for being there.
      The Town Administrator stated that Lieutenant Balzer was there to
fill in for the Chief of Police regarding the appointment of two permanent
police officers.
      Additionally, Mr. Kane inquired as to what action the Council was
taking about the contaminated water running on his property.
      Raymond Iannetta stated that the testing done on this runoff water
by RI Analytical showed that the fecal chloroform was 22 times normal and
running across to our property.
      Additionally, Mr. Iannetta stated that he was told that it was
probably from animals.
      Councilor Amerigian asked if the Health Department had done testing
there.
      The Town Administrator stated that Department of Environmental
Management did some testing after a resident's complaint and the results
came back that DEM would like to do some further investigating when there
are heavy rains; however, there was nothing there to lead them to believe
that there is a problem.
      These results were given directly to the North end resident that
complained.  It was moved by Councilor Amerigian, seconded by Councilor
Murphy to request the Town Administrator contact DEM regarding the status
of this testing, and the results if completed, and to put this issue on
the Agenda for the Council meeting on April 12, 1999.
        So unanimously voted.   
2)   Non-Agenda Requests to Address

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrators report
The Town Administrator presented a report on information gathered
regarding the former landfill in response to letters received from
residents requesting answers to specific questions.
      Information requested dates from 1988 to present.
      One of the main concerns addressed was regarding a hydrological
study of the landfill authorized by the Council in 1988 for an amount not
to exceed $50,000.00.  It was concluded by the Town Administrator that
this study was never done; in part, due to a 1988 law requiring all homes
serviced by a well and built within 1000 feet of a closed landfill must
have the well tested prior to the issuance of a building permit, which put
the responsibility on the homeowner.
       In addition, the Town Administrator informed the Council that the
Public Works Director and she are in the process of arranging for Dr.
Frohlich from URI to complete a ground magnetic survey on lot 47 within
the next couple of weeks.
  a) Requested action by Council
     i) Planning:  
It was moved by Councilor Murphy, seconded by Councilor Wright to approve
the two RIDOT Transportation Enhancement Grant Program projects; those
being, #1 Phase II of Narragansett Avenue, which will include the same
improvements we anticipate completing in the Downtown Improvements
project, and #2  Downtown Parking, which would fund the acquisition of
property  specifically for long term and trailer parking.
      So unanimously voted.
     ii)   Special Town Constable:
It was moved by Councilor Wright, seconded by Councilor Amerigian that the
position of Special Town Constable be created as described in the job
description presented by the Town Administrator and that this volunteer
position be advertised for appointment.
      So unanimously voted.     iii)  Environmental Protection Agency:
Letter from Elizabeth A. Higgins, Senior Policy Advisor
Councilor Amerigian reiterated that the Town will be proceeding with
testing on lot 47; however, he expressed concern that the process we
intend to proceed with is in line with what the Senior Policy Advisor of
EPA is alluding to in her letter dated March 15, 1999.
     Additionally, Councilor Amerigian expressed concern as to why lot 47
was the only lot in that area that the EPA is suggesting should have a
full environmental assessment.
      The Council discussed the March 3, 1999 workshop, mentioned in the
EPA letter, and the Council's understanding of Mr. Matthew Audet's
reluctance to give input on what should or should not be done with lot 47.
      In retrospect, it was understood by the Council that Mr. Audet's
reference to if a problem arose during the construction process on lot 47
it would have to be addressed at that time.
      However, Council Amerigian stated that the Council did not feel that
any construction could be undertaken without testing and therefore had
requested that  the Town Administrator continue plans for ordering the
necessary testing.
      It was moved by Councilor Amerigian, seconded by Councilor Murphy
ask that the Town Administrator send a letter to Elizabeth A. Higgins,
Senior Policy Advisor of the EPA, which includes; 1)  our intended plan to
review whether there is any waste on lot 47 and our intention to proceed
with test borings; 2)  ask her why the tone of this letter seems contrary
to what we were told by people from EPA at the workshop on March 3, 1999
and what has occurred to cause them to change their position, and 3) 
define what a full environmental assessment and to what degree they are
asking that lot 47 be included in that.
      So unanimously voted.  It was moved by Councilor Amerigian, seconded
by Councilor Murphy to set up a packet in the library that includes all
copies of documents that relate to the landfill and received from
regulatory agencies or from citizens, or documents we have excavated in
our investigation of trying to pull the history of this matter together.
      So unanimously voted.2)   Planning Commission (1 vacancy; term
ending 12/2002)
  a) Letters of interest
     i) Nancy Logan
     ii)   Laszlo S. Siegmund
     iii)  Marcia A. Lindsay
     iv)   Michael F. Schnack
It was moved by Councilor Wright, seconded by Councilor Dolce to appoint
Nancy Logan to the Planning Commission, term ending December 2002.
      So unanimously voted
3)   Conservation Commission (2 vacancies; term ending 12/2001)
  a) J. Christopher Powell (request for reappointment)
  b) Letters of interest
     i) Grace M. Mariorenzi (currently serving as an associate member of
the Commission)
     ii)   Carol B. Crafts, Ph.D.
     iii)  Dick Ayen
     iv)   Marcia A. Lindsay 
It was moved by Councilor Wright, seconded by Councilor Pease to appoint
Grace Mariorenzi to the Conservation Commission as a full member.
      So unanimously voted.  It was moved by Councilor Wright, seconded by
Councilor Amerigian to appoint Dick Ayen, and Carol B. Crafts as associate
members and to reappoint J. Christopher Powell as a full member of the
commission.  So unanimously voted.  
4)   Jamestown Housing Authority (1 vacancy; term ending 12/2003)
  a) Ralph L. Misto (request for reappointment)
     i) Letter of support from the Chair
  b) Letters of interest
     i) Lianne W. Nikitas
     ii)   Marcia A. Lindsay                   
It was moved by Councilor Dolce, seconded by Councilor Pease to reappoint
Ralph L. Misto to the Jamestown Housing Authority, term ending December
2003.
      So unanimously voted.  It was moved by Councilor Amerigian, seconded
by Councilor Murphy to have the town clerk inform the candidates of the
Council's decision and request that their names be put on a list for
future appointments.  So unanimously voted.
5)   Board of Canvassers (3 vacancies; 1 full member and 2 alternate
members)   
a)   Marian J. Clarke (request for reappointment as full member)
     i) Letter of support from the Board
  b) List submitted by the Democratic Town Committee
     i) Melody Drnach (alternate)
     ii)   Robert Rexter (alternate)
  c) List submitted by the Republican Town Committee
     i) Marian J. Clarke (full member)
     ii)   William Sprague (alternate)
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
reappoint Marian J. Clarke as a full member of the Board of Canvassers. 
So unanimously voted.  It was moved by Councilor Pease, seconded by
Councilor Murphy to appoint Robert Rexter as an alternate on the Board of
Canvassers.
      So unanimously voted.  It was moved by Councilor Dolce, seconded by
Councilor Murphy to reappoint William Sprague as an alternate on the Board
of Canvassers.
      So unanimously voted.6)   Library Board of Trustees (2 vacancies; if
favorable, order advertised)
  a) Diane Caswell (request for reappointment)
It was moved by Councilor Pease, seconded by Councilor Amerigian to
advertise for the vacancies in the Library Board of Trustees.
      So unanimously voted.

7)   Memorandum from the Planning Commission re: 1999 Community
Development Block Grant Program
It was moved by Councilor Amerigian, seconded by Councilor Murphy to amend
the 1999 Community Development Block Grant to include as item number 8) 
Public Service:  Housing Hotline, Amount $1,000.00.  So unanimously voted.
  
UNFINISHED BUSINESS

1)   Resolution re: Town's position regarding Quonset/Davisville
(continued from 03/16/99)
It was moved by Councilor Dolce, seconded by Councilor Amerigian to
approve the resolution as presented by the town clerk with an additional
statement expressing the Council's concern for the displacement of
existing businesses, loss of jobs, and their concern that the number of
projected employees seems overly optimistic.
      So unanimously voted.   Discussion ensued regarding any definite
plans to date for Quonset.
      It was moved by Councilor Amerigian, seconded by Councilor Pease to
ask the Town Administrator to contact Martin Grasso of QPPC to express our
willingness to meet with them at an appropriately scheduled Council
meeting, with a copy of this communication to Governor Almond, Providence
Journal and the Newport Daily News.
      So unanimously voted.  Dennis Webster, Quonset Davisville Liaison
Committee Chair, informed the Council that the Stakeholder's process has
been completed, with the exception of a report that will be sent to them
for their comments.
      At this point, the Quonset Davisville Committee was not making a
recommendation; however, they would be sending 24 principles to the
Governor.
      It was the consensus of the Council that communication remain open,
and that Jamestown continues to be updated as plans are being considered
for Quonset Point.2) Tax Relief for the elderly 
  a) Set date for public hearing
The town clerk notified the Council that this legislation has passed the
House and has been approved by the Governor, effective March 12, 1999;
however, it has not been sent to the Governor by the Senate.
      It was moved by Councilor Amerigian, seconded by Councilor Murphy to
table this until the legislation has been passed by the Senate and sent to
the Governor for his approval.  No action taken.
3)   Highway Barn
  a) Test borings (continued from 03/15/99)
This item was tabled until other issues have been resolved.  Town
Administrator reported that she is working with the Public Works Director
to find locations for equipment storage and sand and salt storage.
      No action taken.
  b) General discussion
Gerard Barrette, Highway Barn committee member, informed the Council that
he would like to address the Council regarding some of the concerns
residents have with the Highway Barn; however, due to the late time, Mr.
Barrette requested that he appear before the Council at their April 12,
1999 meeting.  No action taken.
4)   Land bank
  a) Proposed legislation
There was a lengthy discussion on other alternatives to implementing a
real estate transfer tax to fund a Jamestown land bank.
      Jack Hubbard informed the Council that he has had an offer from a
Senate Legislator to meet with the committee or Council and talk about
these alternatives.
      It was moved by Councilor Wright, seconded by Councilor Amerigian to
authorize the Town Solicitor to introduce the bill for legislation to
protect the water resources in Jamestown.
      So unanimously voted.     There was discussion on the make-up of the
Water Resources Commission, and a suggestion by John Hubbard, President,
Conanicut Island Land Trust, to consider putting this commission together
in such a way that it represents a governmental act qualifying under the
IRS so that contributions consistent with that act will be deductible.
      The Council further discussed the composition of the committee and
the possibility taking the composition of the committee out of the
legislation, stating only that a committee of nine people would be
appointed by the Town Council.
       Mr. Hubbard also suggested that the Council contact Attorney Small
to review the proposed legislation so that the person giving the gift
property would legally qualify for an IRS deduction.
      It was moved by Councilor Murphy, seconded by Councilor Wright  that
we change the legislation to reflect that the committee be comprised of
nine persons appointed by the Council.
     So unanimously voted.     b) Committee
The Conservation Commission Chair, Chris Powell, commented that most of
the legislation you read about land banks specifies that the Town Planner,
Chair of the Conservation Committee, and the Land Trust be represented. 
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
request that the Town Administrator, Town Solicitor and the Town Planner
advise the Council on the composition of the Land Bank Committee
(committee name uncertain at this time) and bring it back to the Council
at the next meeting on April 12, 1999.  So unanimously voted.
5)   William Munger re: water connection/expansion of use (continued from
03/15/99)
Attorney John Murphy provided the Council with an outline of what is
ongoing at Conanicut Marina at the present time.
      Attorney Murphy stated that because there is no change in use, and
the marina is presently connected to Town water, there is no expansion of
use; therefore, it may not be necessary to come before the Council.
      For these reasons Mr. & Mrs. Munger are withdrawing their
application.  No action was taken on this item.
6)   Copy of letter to CRMC from Ronald B. Waldman re: East Ferry Marina
(continued from 03/15/99)
  a) Town's position as abutter
Discussion ensued regarding the parking issue in that area.
      It was moved by Councilor Amerigian, seconded by Councilor Murphy to
request that the Building Inspector put together a historical narrative of
the history of the expansion of the East Ferry Marina as it relates to
zoning issues, such as parking, and ask the Town Solicitor to request an
extension from the Zoning Board and the Coastal Resource Management
Commission until the Council has had time to review this for decision.
      So unanimously voted
7)   1999 Independence Day Fireworks re: request for Town's permission to
use Beavertail State Park (continued from 03/08/99)
The Town Administrator reported that she spoke to both the Fire Chief and
Police Chief and that there does not seem to be a problem with the Town
giving permission to the Rocket Dawgs for their fireworks display at
Beavertail.
      Additionally, the Town Administrator stated that the Police Chief
will probably be putting two officers on duty for this function.
      The cost of the police officers will be the Town's donation to the
1999 Independence Celebration.
      It was moved by Councilor Murphy, seconded by Councilor Wright that
the town clerk write a letter to the State Department of Environmental
Management, Division of Parks and Recreation stating that the Council
approves this fireworks display to be held at Beavertail Park on July 2,
1999, subject to the approval of the State.
      So unanimously voted.  It was moved by Councilor Murphy, seconded by
Councilor Amerigian to approve the use of Mackerel Cove for this display
if the State rejects the application for Beavertail State Park.
      So unanimously voted

COMMUNICATIONS

1)   Letter from Say The Bay re: request for permission for the use of
Potter's Cove/Taylor's Point (07/31/99, fog date 08/01/99)  
It was moved by Councilor Wright, seconded by Councilor Murphy to approve
the request to use Potter's Cove / Taylor's Point for the 23rd Annual Save
the Bay Swim event scheduled for July 31, 1999 (Fog date, August 1st)
subject to all prior stipulations, including proof of insurance and
participants signing release forms.  So unanimously voted.
2)   Letter from the Humane Society of Jamestown, Inc. re: hiring of new
Animal Control Officer
It was moved by Councilor Pease, seconded by Councilor Murphy to accept
the communication from the Humane Society of Jamestown.
      So unanimously voted.
3)   Letters from RIDEM
  a) Project Priority List for projects State Fiscal Year 2000
The Town Administrator reported that before we could qualify for these
funds, the Town would need to institute a facilities plan which would cost
approximately $50,000.00.  No action taken.
  b) Announcing a Request for Proposals for Nonpoint Source Pollution
Abatement Grants
It was moved by Councilor Murphy, seconded by Councilor Pease to refer
these requests for proposals for nonpoint source pollution abatement grant
and the projects for State Fiscal Year 2000 to the Town Planner.
      So unanimously voted.
4)   Letter from Peter Coogan (North Kingstown resident) re:
Quonset/Davisville
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
accept the communication from Peter Coogan and to refer it to the Quonset
Davisville Liaison Committee.  So unanimously voted.
5)   Letter from RI Farm Bureau re: request for support for House Bills
5616 and 5859 (Bills would require cities and towns to allow agricultural
used within groundwater protection zones and encourage the used of
farmland consistent with protection of groundwater resources)
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
accept the communication from RI Farm Bureau and to refer it to the Town
Planner.  So unanimously voted.
6)   Letter from Donald Richardson re: Conanicut Marine Services
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
accept the communication from Donald Richardson.  So unanimously voted. 
Mr. Richardson addressed the Council with his concerns as stated in his
letter.
      The Town Solicitor informed Mr. Richardson that Conanicut Marine
Services has withdrawn their application for water connection/expansion;
therefore, any discussion with the Council at this time would be
speculation.
7)   Letter from Carol Grant, GoPort Chair re: Quonset/Davisville
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
accept the communication from Carol Grant and to refer it to the Quonset
Davisville Liaison Committee.  So unanimously voted.
8)   Letter from Richard Allphin re: bus shelters
Mr. Allphin expressed his concern that the bus shelter at Helm Street may
now be considered for illumination for advertisements.
      Additionally, Mr. Allphin stated that this is not in keeping with
the Town's policy on signage.
      The Town Solicitor stated that although the bus shelter, with its
present signage, is not on Town owned land, the advertisements on the bus
shelter are privately managed and should fall under the zoning ordinances
of the Town.
      It was moved by Councilor Murphy, seconded by Councilor Wright to
refer this item to the Zoning Official for a response to the Council.
      So unanimously voted.
9)   Letter from R. Francois Preston re: signage
It was moved by Councilor Amerigian to accept the communication from R.
Francois Preston and request the Town Administrator to inform Mr. Preston
of the discussion with the Police Chief and the Director of Public Works.
      So unanimously voted.
10)  Letter from Hazel B. Turley re: proposed expansion of Conanicut
Marina
It was moved by Councilor Amerigian, seconded by Councilor Murphy to
accept the communication from Hazel B. Turley.  So unanimously voted.

NEW BUSINESS

1)   New Peddlar License application:
     Applicant               Location
     Horizon Meat and Seafood         Island wide(door to door)     
It was moved by Councilor Wright, seconded by Councilor Amerigian to
request that a representative form Horizon Meat and Seafood attend the
next Council meeting to discuss this application.  So unanimously voted.

Councilor Murphy requested that the Town Administrator give an update at
the next Council meeting regarding the requests from civic groups to
display signage.

OTHER COMMUNICATIONS
None
OPEN FORUM CONTINUED
None
EXECUTIVE SESSION
None

There being no further business before the Council, it was moved by
Councilor Pease, seconded by Councilor Wright to adjourn the meeting at
11:03 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk