TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
August 10, 1999

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:06 PM by Council
President David J. Long. The following members were present:

Kenneth J. Littman, Vice President
Craig A. Amerigian
Bruce W. McIntyre
David Swain
Also present were:

Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
James T. Murphy, Esq., Town Solicitor
Steven J. Goslee, Public Works Director
Richard Allphin, Zoning Vice Chair
Charles McSoley, Town Sergeant
Arthur J. Christman, Fire Chief

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

None
  
SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

None

  CONSENT AGENDA

It was requested that item #1 a) be 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 consists of:

2)   Bills and Payroll

3)   Copies of minutes of Boards and Committees

a)   Zoning Board of Review (06/22/99)
  b) Planning Commission (07/07/99)                  
4)   RICRMC notices

a)   Assents:
i)   David and Jill Roosa to construct a residential boating facility and
associated upland structures (Plat 4, Lot 10; 340 East Shore Road)

ii)  Gary Wheelock to cut a 4' wide access path through Coastal Buffer
Zone for access to shoreline (Plat 5, Lot 18; 129 Seaside Drive)
b)   Request for extension of assent: Peter A. DiBiase (185 Seaside Drive)
c)   Finding of no significant impact:
i)   David and Dianne Piccoli to remove and replace existing driveway
stones 
ii)  Vanessa Wurman to construct a 14' x 37' deck on the north side of an
existing residence (Plat 4, Lot 15; 450 East Shore Road)
d)   Release of cease and desist order: Ernest P. Ardente (Plat 11, Lot
31; 76 Battery Lane)
5)   Letter of thanks and list of 1999 essay contest winners from the
Community Housing Resource Board re: 1999 Fair Housing proclamation

6)   Letter from Tom Morgan (East Greenwich) re: letter printed in the
Jamestown Press from Luke Thorpe, Treasurer-Ocean State Catalina Assn.

7)   Public meeting notice (08/26/99) from the State Planning Council re:
amendments to the Transportation Improvement Program

 8)  Abatements/Addenda of taxes report of Tax Assessor filed 08/06/99 

***************************
1)   Adoption of Council minutes:
a)   07/26/99 (regular meeting)    
Councilor Amerigian requested that the minutes be corrected to reflect
Council President Long as voting nay to the motion to appoint Ursillo,
Teitz & Ritch, LTD as Town Solicitor.
      It was moved by Councilor Amerigian, seconded by Councilor Littman
to approve the minutes of the July 26, 1999 meeting as amended.  So
unanimously voted.

  EXECUTIVE SESSION ANNOUNCEMENT

None

PUBLIC HEARINGS

1)   Proposed amendment to Section 103 and Table 3-1 of the Zoning
Ordinance of the Town of Jamestown (copy attached hereto)
Council President Long opened the hearing for the proposed amendment to
Section 103 and Table 3-1 of the Zoning Ordinance at 7:14 PM.
  
Barbara Szepatowski, partner/owner of Paws and Claws and resident of
Jamestown made a short presentation to the Council to specifically
identify some of the items being sold and services being offered in her
shop, located at 23 Narragansett Avenue in the downtown commercial
district.
       Additionally, Ms. Szepatowski presented the names of residents that
are interested in obtaining the bathing and grooming services to be
provided by Paws and Claws.
       Ms. Szepatowski introduced David Emilita, AICP, a Certified Land
Use Planner with SAI Surveying Corporation to answer any questions that
the Council may have regarding the need for this proposed zoning
ordinance. 
John Caito, 21 Wildflower Lane requested that the Council refer to his
letter which he hand delivered to them.
      Mr. Caito's correspondence referred specifically to the terminology
presently used in the proposed ordinance amendment, that being,
prohibited.  It was recommended by Mr. Caito that to be consistent
throughout with the language in Table 3-1 and Section 301 - Uses and
Districts, prohibited should be changed to not permitted.   Additionally,
Mr. Caito suggested that the word kennel be defined as an establishment
where dogs are either bred, raised, trained, boarded, and or exercised on
a limited or long term basis. 

Richard Allphin, 59 Clarke Street, endorsed Mr. Caito's request.

Ellicot Wright, 994 Fort Getty Road, stated that he was very much in favor
of the proposed change in Section 103; however, he was not in favor of the
prohibition of this activity outside the town limits, thereby stripping
its use in our rural area.  

Dorsey Beard, 1 Blueberry Lane, expressed her concern regarding Table 3-1,
paragraph #2, which states boarding of animals shall be prohibited in all
districts except RR200 and RR80 wherein only allowed by a special use
permit. 
Sydney Waller, 7 Beavertail Road, requested that the terms commercial,
kennel, and the term small with regard to the size of an animal be
defined.  
Councilor Littman suggested that the word prohibited be changed to not
permitted and also that the definition for kennel, as presented by Mr.
Caito, be adopted and included in the ordinance.
       Discussion continued, with Councilor Amerigian mentioning that the
wording is still too vague.
        Ms. Szepatowski suggested adding the breeding of animals or
boarding of dogs or cats as a commercial, non-veterinary service  to the
definition of kennel.
      It was the consensus of the Council that the term kennel needs to be
further identified and defined.  The Town Solicitor informed the Council
that they could act upon the ordinance as presented; however, the
definition for kennel may not have had sufficient notice for that change
in definition.
       With no further comments, it was moved by Councilor Long, seconded
by Councilor Amerigian to close the hearing at 8:18 PM.
      So unanimously voted.

It was moved by Councilor McIntyre, seconded by Councilor Swain to refer
the defining of the term kennel to the Town Solicitor, Planning
Commission, and Zoning Board and to table any decision on that terminology
until a Council meeting in September (see amended motion).
      Councilor Swain moved to amend the motion to include the term hobby
versus commercial in the defining of a kennel.
      The amended motion was seconded by Councilor Amerigian.
      The amended motion to refer the defining of the term kennel, and
including the term hobby versus commercial in that definition to the Town
Solicitor, Planning Commission, and Zoning Board and to table any decision
on that terminology until a Council meeting in September.
      So unanimously voted.  The Town Planner offered clarification
concerning Customary Home Occupations as defined by the Jamestown Zoning
Ordinance, Section 103 - Definitions (29) to assist the Council with their
decision.
      It was moved by Councilor McIntyre, seconded by Councilor Long to
amend the ordinance to replace the word prohibited with the words not
permitted as requested by Mr. Caito.  So unanimously voted.   It was moved
by Councilor McIntyre, seconded by Councilor Long to approve the amended
ordinance as is consistent in keeping with the Comprehensive Plan of
Jamestown.  So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address

None

2)   Non-Agenda Requests to Address
Nick Schaus, 57 Walcott Avenue, suggested that the commercial mooring fees
charged in Jamestown have lagged behind other communities.
      Mr. Schaus stated that there may be the possibility of generating
funds to the Town well in excess of $200,000.00 by raising these
commercial mooring fees  and  that these funds would go a long way in
satisfying the needs of the Town through the Harbor Management Commission.
       Mr. Schaus informed the Council that this information will be
presented to the Harbor Management Commission and hopefully they will
examine this and come back to the Council with their recommendations.

Gorden P. Cleary introduced himself to the Council as the lawyer
representing Jamestown residents that are concerned about the Conanicut
Marina plan for expansion.
      Mr. Cleary reported that since February the Conanicut Marina has
been the subject of a request for a variance, this past week it was
discovered that the Conanicut Marina has apparently disavowed or tried to
short circuit the variance procedure by deciding that under the code the
Zoning Board does not require any variances for the expansion construction
it proposes, and has made requests to the Building Inspection Office and
the Zoning Enforcement Office for zoning certificates which would allow it
to commence the construction of the full proposed plan immediately,
without any approval or action by any body of the Town.
      The Town Administrator reported that this was just reported to her
and she has directed the Building and Zoning Official to contact the Town
Solicitor regarding this issue.  

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached herewith and becomes part of
the Minutes)
a)   Requested action by Council
Authorization for Newport Electric to design a plan for underground
utilities on Narragansett Avenue

The Town Administrator informed the Council that the $6,000.00 cost for
the design plan proposed by Newport Electric for the installation of
underground utilities on Narragansett Avenue could come from money
budgeted in the incidentals and emergencies account.
       Discussion ensued regarding other options to this plan.
      John Caito suggested that Newport Electric should also supply the
Town with the engineering estimate and specifications for distribution of
quantities so that if acceptable the Town would be able to proceed with
the bids for this project.
      It was moved by Councilor Long, seconded by Councilor Amerigian to
request that the Town Administrator pursue the $6,000.00 design plan and
also inquire if there would be any additional costs for the specifications
for distribution of quantities.  So unanimously voted.

Other issues reported:
     i) Report on reservoir 
The Town Administrator reported that the reservoir is down about 50" and
that she has contacted the Town of North Kingstown advising them that they
should expect our request to be connected to their water system soon after
Labor Day.      ii)   Lighthouse applications for caretaker
A lengthy discussion ensued on criteria for considering the lighthouse
caretaker.
      The Town Administrator informed the Council that she had spoken to
Nick Robertson, a member of the Affordable Housing Committee and a former
Council person, and that he believes in the past, the caretaker fell under
the umbrella of Affordable Housing.
      Other considerations discussed were the possibility of a three to
five year contract, requiring 90 days notice for terminating the contract,
and the applicant not owning a home in Jamestown.
      Councilor Amerigian cautioned that the need for affordable housing
should not supercede their ability to perform the duties associated with
the care and maintenance of the lighthouse and grounds.
      Councilor McIntyre requested that the job specifications referring
to the need for a commercial drivers license and herbicide applicator's
license be removed from the job description.
      It was moved by Councilor Long, seconded by Councilor Swain that the
caretaker of the lighthouse should be a Jamestown resident that does not
own property in Jamestown and that affordable housing guidelines should be
taken into consideration.
      So unanimously voted.  The Town Solicitor noted that the lease for
the position of lighthouse caretaker will be drawn up by the Town
Solicitor and reviewed by the Town Council.  
     iii)  Draft letter presented by the Conservation Commission
The draft letter presented by the Conservation Commission Chair, regarding
the use of an off-road vehicle on property designated as OS-I was
discussed.  Before sending this letter to the abutters of the property
located in plat 2, lots 2, 3, 57, and 61, it was moved by Councilor
Amerigian, seconded by Councilor Littman to request the Town Administrator
to communicate with the resident that is using the off-road vehicle,
informing the resident that this will not be allowed to continue, amend
the draft letter to include the wording of passive recreational use rather
than no recreational use allowed, and to submit it to the Council for
further review.  So unanimously voted.
     iv)   GZA Geo Environmental, Inc.
The Town Administrator informed the Council that she and the Public Works
Director met with GZA GeoEnvironmental, Inc. and they are proceeding with
a land survey and testing in the former landfill.
2)   Harbor Management letter re: FHWA funding
As requested by the Town Administrator and the Jamestown Harbor Management
Commission  (JHMC) Chair,  it was moved by Councilor Long, seconded by
Councilor Amerigian to hold a joint work session with the Harbor
Management Commission on August 25, 1999 at 7:00 PM.
      So unanimously voted.
Councilor Amerigian gave an overview of the events leading to the Town of
Jamestown declining the Federal Highway Administration funds made
available to them for modifications in the East Ferry area for wind and
wave protection, construction of storage deck and parking for
approximately 50 vehicles.
      Councilor Amerigian stated that at the time these funds were made
available, there was reference to Jamestown's ferry terminal in that East
Ferry area; that reference and the possibility of the State holding
Jamestown to some of the funds being used to build or construct a ferry
boat terminal, resulted in the funds being declined.  Councilor Swain
stated that he attended the last meeting of the Jamestown Harbor
Management Commission (JHMC) when this letter was approved.   Councilor
Swain requested that it be modified and relooked at.
       Paula Swistak, the clerk to JHMC, informed the Council that it was
the intention of Patrick Bolger, Chair of JHMC, to request a formal letter
from the Town Council to de-obligate these funds.
      3)    Tax Assessment Board of Review (if favorable, order
advertised)

a)   Anne M. Livingston (request for reappointment)
It was moved by Councilor Littman, seconded by Councilor Long to advertise
for the position on the Tax Assessment Board of Review.
      So unanimously voted.

  UNFINISHED BUSINESS

1)   Removal of old Jamestown Bridge (continued from 07/26/99)
a)   Update of schedule (if any)
Previously discussed as part of the Town Administrator's report.
2)   Water Resource Protection Committee (continued from 07/26/99)
a)   Establish responsibilities
It was moved by Councilor Amerigian, seconded by Councilor Long to approve
the charge as written, inserting the date and to include in the
responsibilities of the committee, as item #7, assist in the solicitation
of funds from outside sources.  So unanimously voted.
b)   Advertisement
It was moved by Councilor Long, seconded by Councilor Amerigian to
readvertise for these available positions as stated in the corrected copy
submitted by Councilor Long.  So unanimously voted.

COMMUNICATIONS

1)   Letter from John Sydney Gregory re: Lighthouse Keeper at Beavertail 
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the communication from Mr. Gregory.  So unanimously voted.
2)   Letter from Congressman Bob Weygand re: federal funding of the Land
and Water Conservation fund
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the communication from Congressman Bob Weygand.  So unanimously voted.
3)   Letter from Job Toll re: parking at the intersection of Green Lane
and Narragansett Avenue   
The Town Administrator reported that the parking space has been eliminated
and the sidewalk will be painted yellow and that proper signs posted.  It
was moved by Councilor Long, seconded by Councilor McIntyre to accept the
communication from Job Toll.  So unanimously voted.
4)   Letter from the Attorney General re: open government seminar
(08/25/99)(if interested, request Town Clerk to respond)
It was moved by Councilor Amerigian, seconded by Councilor Long to accept
the communication from the Attorney General.  So unanimously voted.
Norma Willis, 1191 North Main Road, cautioned the Council on taking action
on items from the Town Administrator's report.
      Ms. Willis stated that she believes that this is not in keeping with
the law for open meetings.
5)   Letters re: Quonset/Davisville Port and Commerce Park
a)   Honorable Governor Almond
b)   RI Economic Development Corporation
It was moved by Councilor Long, seconded by Councilor Amerigian to send a
copy of the communication from the Honorable Governor Almond and the RI
Economic Development Corporation to the Quonset Davisville Liaison
Committee for their review.  So unanimously voted.
6)   Copy of letter to the Planning Commission re: Narragansett Avenue
re-development
It was moved by Councilor Long, seconded by Councilor Amerigian to forward
the letter from Michael and Brenda Johnston to the design group for the
proposed upgrade of Narragansett Avenue. So unanimously voted.

NEW BUSINESS

1)   Water resource issues
  a) Municipal wells and their effect on residential water supply
  Councilor Amerigian stated that this issue has been brought up many
times in the past and the Council is not qualified to answer this
question.
      The consensus of the Council was to bring this up when meeting with
the Water Study Committee on August 11, 1999.
      No action was taken on this item.
2)   Request for waiver of pavilion rental fee (09/24/99) from Cub Scout
Pack 1 Jamestown, RI
It was moved by Councilor Long, seconded by Councilor Amerigian to approve
the waiver of the pavilion rental fee.  So unanimously voted.
3)   Request for permission to use Mackerel Cove Beach and waiver of
pavilion rental fee (08/14/99) from Jeff McDonough and David Swain, "Round
the Island" organizers
It was moved by Councilor McIntyre, seconded by Councilor Amerigian to
approve the request by the Round the Island organizers to use Mackerel
Cove Beach and the pavilion with the fee being waived.  So voted by four
in favor, none opposed, and Councilor Swain abstained.

4)   One-day license request:
  Applicant         Type/Location     Date
  Jamestown Yacht Club Peddler/East Ferry      08//21/99
It was moved by Councilor Amerigian, seconded by Councilor Long to grant
the one-day Peddler license for the Jamestown Yacht Club.
      So unanimously voted.

5)   New License requests:
  Applicant         Type        Location
Paws and Claws, Inc.   
  dba Paws and Claws      Sunday Sales      23 Narragansett Avenue        
        
It was moved by Councilor Amerigian, seconded by Councilor Littman to
approve the Sunday Sales license for Paws and Claws, Inc. subject to the
resolution of debts, taxes and appropriate signatures.
       So unanimously voted.
        
OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED

None

EXECUTIVE SESSION

None

There being no further business before the Council, it was moved by
Councilor McIntyre, seconded by Councilor Swain to adjourn the meeting at
9:11 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk