TOWN COUNCIL MEETING
Jamestown Philomenian Library
Conference Room
26 North Road
Monday, June 14, 1999
(as amended June 28, 1999)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library Conference Room, 26 North Road at 7:08 PM by
Council President David J. Long.  The following members were present:
Kenneth G. Littman, Vice-President
Craig A. Amerigian
Bruce W. McIntyre
David Swain

Also present were:
Maryanne Crawford, CPA, Town Administrator
Denise Jennings, Deputy Town Clerk
Quentin Anthony, Esq., Town Solicitor
Steven J. Goslee, Public Works Director
Arthur J. Christman, Fire Chief
Betty Hubbard, Planning Commission Chair
J. Christopher Powell, Conservation Commission Chair
  
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Jamestown & Newport Ferry Company
  a) Request for permission to make sales at retail aboard the vessel The
Jamestown during the period 30 minutes prior to scheduled departure
  b) Copy of approved Class G Liquor License
Motion by Council President Long, seconded by Councilor Littman to approve
the request to serve alcoholic beverages at retail aboard the vessel The
Jamestown during the period 30 minutes prior to the scheduled departure
and until departure.  So unanimously voted.

CONSENT AGENDA

Item # 6b was removed from the consent agenda.
      Motion by Councilor Amerigian, seconded by Councilor Littman to
approve the consent agenda as amended.  So unanimously voted.  The amended
consent agenda consisted of:

1)   Adoption of Council minutes:
  a) 05/24/99 (regular meeting)    
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (12/15/98 & 05/25/99)
  b) Library Board of Trustees (04/20/99)
  c) Planning Commission (05/19/99)
  d) Jamestown Housing Authority               

4)   RICRMC notices
  a) Assents:
     i) Francis P. Williams to clear a four foot wide shoreline access
path within existing ten foot wide pedestrian right-of-way (Plat 12, Lot
43; Beavertail Road)
     ii)   Town of Jamestown/Conservation Commission to clear a six foot
wide path of upland vegetation and install a 6' x 10' wildlife observation
platform with handicap access ramp (Plat 11, Lot 8; Fort Getty)
  b) Finding of no significant impact:
     i) David K. Guiney to replace roof shingles (Plat 7, Lot 69; 32 East
Shore Road)
     ii)   Duncan I. T. Laurie to relocate an existing hedge (Plat 10, Lot
124; 2 Fort Wetherill Road)
  c) Application for assent: David E. & Jill Oliveira Roosa to construct
and maintain a residential boating facility and associated structures
(Plat 4, Lot 10; 340 East Shore Road)
  d) Cease and Desist Order: Donald and Ann Muir (44 East Shore Road)
5)   RIDEM notices:
  a) Public hearing (06/30/99) re: Fiscal year 2000 Project Priority List
  b) Insignificant alteration-Permit: Marjorie Kazin-Boyce request for
preliminary determination (Plat 16, Lot 356; Gondola Avenue/Frigate
Street)   
6)   Copy of resolutions/minutes from other municipalities: 
  a) Town of New Shoreham re: proposed container port at
Quonset/Davisville  
7)   Documents submitted by Hazel Turley
  a) Bay Bulletin, Volume 29, Number 2-Spring 1999
  b) Article entitled "Want to Get Rid of a Bridge?  Have Hollywood Blow
It Up"
8)   Abatement/Addenda of taxes report of Tax Assessor filed 06/10/99
***********************
6b)  Town of Exeter (special meeting) re: state aid to education equitable
distribution coalition (05/13/99)
Administrator: This has already been referred to the School Committee.
      I have spoken to Dr. Gallo and the School Committee accepted the
communication and did not choose to comment on it.
      Solicitor: It might be helpful if we asked Mr. Marusak (Town
Solicitor from the Town of Exeter) to address the Council.
      Motion by Councilor Amerigian, seconded by Councilor McIntyre to ask
the Administrator to contact Mr. Marusak to see if he would be available
to address the Council.
      Also, for the Administrator to provide an economic analysis.
      So unanimously voted. 

AWARDS, PRESENTATION AND ACKNOWLEDGEMENTS

The Council commended the Jamestown Volunteer Fire Department and the
Jamestown Police Department on the tremendous job they did with the two
significant fires that they had last week. 

EXECUTIVE SESSION ANNOUNCEMENT

1)   Pending zoning application of Conanicut Marine Services, pursuant to
RIGL 42-46-5 (2) litigation

Councilor Swain removed himself from the Council table.

Motion by Council President Long, Councilor Littman to go into executive
session regarding the pending zoning application of Conanicut Marine
Services, pursuant to RIGL 42-46-5 (2) litigation.

Councilor McIntyre: I would respectively, like to ask our Solicitor to
reconsider that decision to go into executive session.
      We have an open meetings law in this state, there are certain
criteria that public bodies must meet in order to go into executive
session.
      Public bodies are here to represent the public, and executive
session would prohibit both news media and the public from taking part in
discussion regarding this matter.
      I know that there are certain exceptions and one of them is
litigation.
      However, as far as I am aware, there is no current litigation on the
issue of Conanicut Marina.
      What is before the Council is this issue to take a position or not
to take a position as an abutter in this dispute.
      That is not, in my opinion, litigation.

Councilor Amerigian: We met in executive session last time, so that the
Solicitor could explain to us what our options were and was really not to
discuss our position as abutter.
      Solicitor: I disagree.
      The purpose of the meeting was for the Council to freely discuss the
merits of the petition was to discuss peripheral issues.
      We never got that far with the discussion, because it was 12:45 AM
in the morning and no one thought a decision should be made, so a motion
was made to adjourn the meeting because it was so late. 

Councilor Littman: I think a brief executive session to determine what our
options are, would be of assistance to the Council in deciding what course
to take on this issue.
      I'm not trying to delay or trying to hide anything, but it would be
a good approach now so that we could come back with a decision tonight.  

Council President Long: Can we do this?   Solicitor: In my opinion we can.
      Council President Long: Then the motion still stands.

Councilor McIntyre read subsection 2, of RIGL 42-46-5.
      The term litigation means something very specific; suit has been
filed and you need to discuss your strategies.
      The only issue is, whether we are going to take a position or not.
      That is not for closed session, the public deserves to be here.
      I will not take part in a meeting, which I don't believe is in
accordance with the law.

John A. Murphy, Esq.: This matter is on for discussion in several places
on the agenda.
      It may be, after you hear the discussion that this issue may resolve
itself.

Motion by Council President Long, seconded by Councilor Littman to
withdraw the motion currently on the floor.
      Motion so voted, 4 in favor; Councilor Swain abstaining.

Councilor Swain returned to the Council table.       

PUBLIC HEARINGS

None schedule
  
OPEN FORUM

1)   Scheduled Requests to Address
Council President Long stated the rules of Open Forum; 5 minutes per
speaker for those scheduled to address the Council and 3 minutes per
speaker for those not scheduled to address (30 minutes total for those
scheduled and 30 minutes total for those unscheduled).
     If needed, Open Forum could be continued at the end of meeting.
a)   Michael and Sandra Dwares owners of Jamestown Oyster Bar re:
construction of handicap ramp
     i) Copy of letter from the Building Official
Sandra Dwares: We would like to construct a handicap ramp in the front of
our building.
      Administrator: The area where the proposed ramp is to be built is
not on Town property, it is either state property or the owners property.
      There is currently a survey being done and I would suggest tabling
this until the survey has been completed.  Ms. Dwares: The state sent an
inspector down and then sent us a letter stating that we should go to the
Town.
     Motion by Councilor Swain, seconded by Councilor Littman to refer
this issue to the Solicitor to review the issue regarding ownership.
      So unanimously voted. 

  b) William Munger re: Conanicut Marina

Councilor Swain removed himself from the Council table.

John A. Murphy, Esq., representing William Munger: We would like to waive
our presentation and would like to come back after others have spoken.
      Motion by Council President Long, seconded by Councilor McIntyre to
hear presentation by Attorney Murphy following comments from the audience.
      Motion so voted, 4 in favor; Councilor Swain abstaining.

Councilor Swain returned to the Council table.  

2)   Non-Agenda Requests to Address
J. Christopher Powell, Conservation Commission Chair: The Commission would
like to have a joint work session (about 1 hour)  with the Town Council.
      Motion by Council President Long, seconded by Councilor McIntyre to
ask the Town Administrator to schedule a work session with the
Conservation Commission.
      So unanimously voted.  The Administrator stated that she had
received similar requests from other boards and committees and would make
contact with all chair of boards to see how many others would like to do
the same and report back at the next meeting with potential dates.  

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto) additionally:
  a) Requested action by Council
     i) Award Bid to Industrial Safety & Supply Co for personal protective
gear:
Motion by Councilor McIntyre, seconded by Councilor Littman to award the
bid as recommend by the Town Administrator to Industrial Safety & Supply
Co.  So unanimously voted.

     ii)   RFP for the environmental consultant/engineer (for landfill):
Administrator: Resident Dick Ayens assisted the Public Works Director and
me in finalizing this RFP.  Would like to move forward.

Norma Willis, 1191 North Main Road: If the Town Administrator is going to
ask you to take action on her report,  it ought to be on the agenda.
      Any kind of actionable item, should be on the agenda.
      They shouldn't have to look at two different things.
      Councilor Littman: Would it be a problem to be more specific on the
agenda?  Councilor McIntyre: I don't think this is an unreasonable
request.
     Councilor Littman: Could maybe post the Administrator's report and
agenda at the same time?  Councilor Amerigian: The packets go together in
two pieces (one from the Administrator and one from the Clerk's Office).
      If the Clerk's Office has completed their portion of the packet and
the Administrator has something at the last minute the clerk then has to
amend her agenda.
      It might be easier if the Administrator posts her agenda when
completed.  Ms. Willis: I am only talking about the items that request
action.
      Councilor Amerigian:  The last page of the Administrator's report
could be posted. 

Council President Long stated that it was his understanding, that the
drainage problem (puddle) on North Main Road could be addressed for about
$1000.
     and by using Town personnel for a few days.
      Administrator: Correct.
       Councilor Swain: Is there a review by the EPA?  Administrator: This
is a voluntary program with the State of RI.
      The State of RI has an agreement with the EPA, the EPA works with
them.  Short discussion followed. 

Mike Woodside, 23 Skysail Court: I have looked over the draft and it looks
very good.  I would like to be part of the bid interview process.  

After a lengthy discussion on the process for correcting drainage on North
Main Road, Motion by Council President Long, seconded by Councilor
Amerigian to address the cross road drainage problem(not to exceed
$1,000.) immediately by using Town personnel and to rewrite option 3 of
the RFP to reflect this action.
      Motion so voted, 4 in favor; Councilor Swain opposed.  Motion by
Councilor Amerigian, seconded by Councilor McIntyre to move forward with
the RFP and to authorize the Administrator to advertise the RFP for the
environmental consultant/engineer.  So unanimously voted.         
  
2)   Planning Commission (1 vacancy; if favorable, order advertised)
  a) Letter of resignation from Nancy Logan
Motion by Councilor Amerigian, seconded by Councilor Swain to accept the
letter of resignation.  So unanimously voted.

Motion by Councilor Amerigian, seconded by Councilor Long to re-interview
those last interviewed for the vacancy.  So unanimously voted.
  
3)   Library Board of Trustees (1 vacancy; term ending 12/2000)
  a) Appointment of Nancy Logan
Motion by Council President Long, seconded by Councilor Amerigian to
appoint Nancy Logan to the Library Board of Trustees.
      So unanimously voted.
  
4)   Memorandum from the Town Clerk re: Council liaison appointments
Fort Wetherill Committee: Motion by Council President Long, seconded by
Councilor Littman to appoint Councilor Swain to the Fort Wetherill
Committee.  So unanimously voted.

Harbor Management Commission: Motion by Council President Long, seconded
by Councilor Littman to appoint Councilor Swain to the Harbor Management
Commission.  So unanimously voted.

Highway Barn Committee: Motion by Council President Long, seconded by
Councilor Littman to appoint Councilors Amerigian and McIntyre to the
Highway Barn Committee.  So unanimously voted.

Golf Course Advisory Committee:  Motion by Councilor Amerigian, seconded
by Councilor McIntyre to appoint Councilor Littman to the Golf Course
Advisory Committee.  So unanimously voted.

Water Study Committee: Motion by Council President Long, seconded by
Councilor Littman to appoint Councilor Amerigian to the Water Study
Committee.  So unanimously voted.

Parking Committee: Motion by Council President Long, seconded by Councilor
 Amerigian to appoint Councilor  Littman to the Parking Committee.
      So unanimously voted.

Conanicut Battery: Motion by Council President Long, seconded by Councilor
McIntyre to appoint Councilor Swain.  So unanimously voted.
  
5)   Quonset/Davisville Liaison Committee 
  a) Letter re: letter dated 04/12/99 from John Swen
After brief discussion, motion by Councilor Amerigian, seconded by Council
President Long to table this item until 06/21/99.
      So unanimously voted.     
  b) Proposed joint work session with Town Council (06/22/99, 06/23/99,
06/28/99 (regular meeting), 06/29/99 or 06/30/99)
Council consensus: Administrator to coordinate date for work session.    

UNFINISHED BUSINESS

1)   Town of North Kingstown resolution re: 1999 Summer Youth Litter Corps
grant money
Administrator: The Town of Jamestown received all of their funding, not
sure about North Kingstown.
      Motion by Councilor Amerigian, seconded by Councilor Swain to table
this item until 06/28/99.  So unanimously voted.

2)   Proposed expansion at Conanicus Marina 

Councilor Swain removed himself from the Councilor table.

  a) Town's position as abutter
Council President Long invited comments from the audience.
      Several members of the audience expressed concern regarding the
impact this expansion would have on the parking situation in the downtown
area, the Town's limited water supply, pollution/trash, increase in
traffic and the growth of Jamestown.

Although some members of the audience were in favor of the expansion, they
also expressed concern regarding the previously mentioned issues.

9:45 PM: Council President Long closed discussion and allowed John A.
Murphy, Esq., representing William Munger to address the Council (see Open
Forum; item 1b).

Attorney Murphy: I'm going to focus on the narrow issue.
      Should the Town take a position on the zoning application as an
abutter?    The Town does not need to assist the opponents to this
position.
      You should rely on your Zoning Board of Review, Planning Commission
and your Harbor Management Commission to do the job you appointed them to
do.  As an abutter you do have the right to voice your opinion.  To my
knowledge, the Town has never taken a position as an abutter to an
application before the Zoning Board of Review.
      Attorney Murphy then submitted a list of 180+ of those in favor of
the proposed expansion.

Motion by Council President Long, seconded by Councilor Littman to go into
executive session to discuss the pending zoning application of Conanicut
Marine Services, pursuant to RIGL 42-46-5 (2) litigation.
      After further Council discussion, motion withdrawn.

Motion by Council President Long, seconded by Councilor Amerigian to take
a position as abutter to the proposed expansion of Conanicut Marina.
      Motion so voted, 3 in favor, Councilor McIntyre opposed; Councilor
Swain abstaining.

Solicitor: I recommend that you take a little more time to review.
      Motion by Council President Long, seconded by Councilor Amerigian to
table this item until 06/21/99 at a special meeting following Water and
Sewer and that the Council be supplied with information regarding the
zoning history of Conanicut Marina.
      Motion so voted, 4 in favor; Councilor Swain abstaining.
Councilor Swain returned to the Council Table.

  b)    Letter from Dorsey M. Beard
Motion by Councilor Amerigian, seconded by Councilor Swain to accept this
communication.  So unanimously voted.

3)   Water Study Committee
  a) revise charge
  b) additional appointments for liaisons
Councilor Swain: Will Mr. Liberati help revise the charge?  Administrator:
I will ask.
      Councilor Amerigian: I noticed that in the charge that is says that
the committee is chaired by the Water and Sewer Commissioners'.
      Mr. Liberati is currently the Chair of that committee and that
should be changed so that we are not violating our own charge.
      Administrator: Okay.
      Council consensus: To table items 3a & b until the 6/21/99 Water and
Sewer meeting, under old business.
 
4)   Water Resource Protection Committee
  a) establish responsibilities
Solicitor: I spoke to Senator Paiva-Weed, Representative Levesque.
      I recommend that a Council member be on the committee.
      Motion by Councilor Amerigian, seconded by Council President Long to
table this item until 06/28/99.  So unanimously voted. 

5)   Letter from Quonset/Davisville Liaison Committee re: update and draft
response to RIEDC's letter dated 04/12/99
Previously addressed; see item 5a

6)   Procedural votes:
  a) Appointment of Town Sergeant
     i) Letters of interest
        a) Charles F. McSoley
        b) T. Fred Pease
Motion by Councilor Long, seconded by Councilor Amerigian to reappoint
Charles F. McSoley as Town Sergeant.  So unanimously voted.

  b) Select Council representatives to each of the following:
     i) Fort Wetherill Committee
     ii)   Conanicut Battery
     iii)  Golf Course Advisory Committee
     iv)   Harbor Management Commission
     v) Highway Barn Committee
     vi)   Parking Committee
Item#'s 6b i-vi previously addressed     

     vii)  Street Light Committee (2)--No action taken
     viii) Water Study Committee--Previously addressed

COMMUNICATIONS

1)   Letters re: proposed expansion at Conanicut Marina
  a) Gale Marks
  b) Clara M. and James W. Barter
  c) Jean D. and Robert J. Holmes
  d) East Ferry residents and concerned citizens of Jamestown
  e) Andy and Martha Yates
  f) Donna Welk Cameron

Motion by Councilor Amerigian, seconded by Councilor McIntyre to accept
communication #1a-f.  So unanimously voted.  

2)   Copy of letter from Geraldine G. Callister to RIDEM re: ISDS
application (Plat 14, Lot 227)
Motion by Councilor Amerigian, seconded by Councilor McIntyre to ask the
Administrator to send a letter to RIDEM stating that the Town Council/Town
of Jamestown is opposed to this variance application.
      So unanimously voted.  Motion by Councilor McIntyre, seconded by
Councilor Amerigian to accept this communication.  So unanimously voted.  
  
3)   Letter from Martha Milot re: Street name change (Walnut Street [2])
Councilor consensus: To refer this communication to the Administrator.
  
4)   Grievance submitted by the International Brotherhood of Police
Officers, Jamestown Local 305 re: Officer Thomas Balcom
Motion by Council President Long, seconded by Councilor McIntyre to accept
this communication.  So unanimously voted.

5)   Copy of letters from Schooner Avenue residents to the Public Works
Director re: paving of road
  a) Frances V. Parisi et al
  b) David Albrektson
Administrator: Schooner Avenue is on the new paving list.
      Motion by Councilor Amerigian, seconded by Council Long to accept
this communication and refer it to the Public Works Director.
      So unanimously voted. 
  
6)   Letter from Theresa C. Donovan, CMC (Former Town Clerk) re:
appointment of Town Solicitor
Motion by Councilor Amerigian, seconded by Councilor Swain to accept this
communication.  So unanimously voted.
  
7)   Letter from RICRMC re: access and/or use of vehicles on the beaches,
barriers and dunes
Motion by Councilor Amerigian, seconded by Councilor McIntyre to accept
this communication and to refer copy to the Harbor Management Commission.
      So unanimously voted.
  
8)   Letter from the Secretary of State's office re: First Stop Business
Information Center and presentation at upcoming Town Council meeting
Motion by Councilor Swain, seconded by Councilor Littman to have the
Administrator arrange date.  So unanimously voted. 
  
9)   Letter from Phil and Marcia Lindsay and Rosemary and Mike Woodside
re: bid specifications for environmental consultant to put together a site
assessment and/or remediation plan for the Jamestown landfill 
Motion by Councilor Amerigian, seconded by Councilor Littman to accept
this communication.  So unanimously voted.   

10)  Letter from New England Institute of Technology re: recent Jamestown
graduates
Motion by Councilor Amerigian, seconded by Council President Long to
accept this communication.  So unanimously voted. 

11)  Letter with attachments from the Jamestown Shores Association re:
ISDS variance request by Maria T. Verona (Plat 5, Lot 305; Nautilus
Street)
Motion by Councilor Amerigian, seconded by Councilor McIntyre to ask the
Administrator to send a letter to RIDEM stating that the Town Council/Town
of Jamestown is opposed to this variance application.
      So unanimously voted.   

NEW BUSINESS

1)   Proposal to amend the Jamestown Zoning Ordinance submitted by SAI
Surveying Corporation re: to provide an opportunity for additional small
business uses in the limited and downtown districts
Motion by Councilor Amerigian, seconded by Councilor Littman to refer this
communication to the Planning Commission.  So unanimously voted.
  
2)   One-day license requests:
     Applicant         Type/Location           Date
     Eastern Resorts Co.     
     dba The Bay Voyage      Entertainment/Rembijas Pavilion     06/21/99
Motion by Councilor Amerigian, seconded by Councilor Littman to approve
the one-day licence request from Eastern Resorts Co.
     dba The Bay Voyage, subject to the resolution of taxes, debts and
appropriate signatures.  So unanimously voted.
     
     Applicant            Type/Location        Date
     F. Gavin Fitzgerald c/o RI
     Licensed Beverage Dealers Assn.
      Entertainment/Rembijas Pavilion  07/13/99
Motion by Councilor Amerigian, seconded by Councilor Littman to approve
the one-day licence request from F. Gavin Fitzgerald c/o RI Licensed
Beverage Dealers Assn., subject to the resolution of taxes, debts and
appropriate signatures.  So unanimously voted.

     Applicant         Type/Location           Date
     Jamestown Chamber of 
     Commerce       Entertainment/East Ferry      06/27/99
     "           Victualing/East Ferry      "
Motion by Councilor Amerigian, seconded by Councilor Littman to approve
the one-day licence requests from the Jamestown Chamber of Commerce,
subject to the resolution of taxes, debts and appropriate signatures.
      So unanimously voted.

     Applicant            Type/Location        Date
     Jamestown Lions Club*      Peddler/Beavertail State Park 07/02/99
     *Request waiver of license fee
Motion by Councilor Amerigian, seconded by Councilor Littman to approve
the one-day licence request from the Jamestown Lions Club, subject to the
resolution of taxes, debts and appropriate signatures and to waive the
license fee. So unanimously voted.
  

3)   License transfer requests:
     Applicant               Type        Location
     The Coffee Bean of Jamestown, Inc.
     dba Coffee Bean            Victualing     32 Narr. Ave.
     "                 Sunday Sales      "
TO
     Applicant
     Take Time Cafe-Jamestown, LLC
     dba Take Time Cafe'
Motion by Councilor Amerigian, seconded by Council President Long to
approve the transfer of licenses from The Coffee Bean of Jamestown, Inc.,
dba Coffee Bean to Take Time Cafe-Jamestown, LLC, dba Take Time Cafe',
excluding the dock area at East Ferry and subject to the resolution of
taxes, debts and appropriate signatures.  So unanimously voted.  
  
4)   New License requests:
     Applicant               Type     Location
     John and Maria Tamborelli
     dba Ria's Hot Dogs            Peddler  Jamestown Shores Beach
     "                 Victualing  "
     a) Letter from the Building/Zoning Official re: zoning
Motion by Council President Long, seconded by Councilor McIntyre to deny
the new license requests from John and Maria Tamborelli, dba Ria's Hot
Dogs based on the fact that peddling  is prohibited in  an R40 zone.
      So unanimously voted.             
                 
OTHER COMMUNICATIONS
None

EXECUTIVE SESSION

None

ADJOURNMENT

There being no further business before the Council, motion by Councilor
Amerigian, seconded by Council President Long to adjourn the meeting at
11:30 PM.  So unanimously voted.

Attest:

Denise Jennings
Deputy Town Clerk