TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
November 8, 1999
(as amended on November 22, 1999)

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:04 PM by Council
President David J. Long. The following members were present:
Kenneth G. Littman, Vice President
Craig A. Amerigian
David Swain
Absent:  Bruce W. McIntyre

Also present were:
Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
A. Lauriston Parks, Esq., Town Solicitor
Lisa Bryer, Town Planner
Thomas P. Tighe, Chief of Police
Arthur J. Christman, Fire Chief
Richard Allphin, Zoning Vice Chair
Christopher Powell, Conservation Commission Chair
Dennis Webster, Quonset Davisville Liaison Committee
Patrick Bolger, Harbor Management Commission Chair

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Public hearing on renewal applications:

CLASS A

Jamestown Liquors, Inc.      Jean Ceppi, Inc.
dba Jamestown Liquors        dba Page's
9 Ferry Wharf             30 Southwest Avenue

CLASS B - TAVERN

Long Wharf Marina Restaurant, Inc. 
dba The Bay Voyage           
150 Conanicus Avenue         

CLASS B - VICTUALER

Alexander Enterprises, Inc.     IslanDish, Ltd.
dba Narragansett Cafe        dba Chopmist Charlie's
25 Narragansett Avenue          40 Narragansett Avenue

Jamestown Oyster Bar, Inc.      Trattoria Simpatico, Inc.
dba Jamestown Oyster Bar     dba Trattoria Simpatico
22 Narragansett Avenue          13 Narragansett Avenue

New England Golf Course Management, Inc.
dba the Caddy Shack
aka Jamestown Golf and Country Club
245 Conanicus Avenue (lower level rear)

Oral's Specialty Food Service Management, Inc.
dba Schoolhouse Cafe
14 Narragansett Avenue

Midwest Electric, Inc.
dba Bay View Bar and Grille
53 Conanicus Avenue, Unit 1R
                           
CLASS D - FULL

Conanicut Yacht Club      Portuguese American Citizens Club
40 Bay View Drive      11 Pemberton Avenue

Council President David Long opened the hearing at 7:08 PM, requesting any
comments from the audience.
      Police Chief Thomas Tighe stated that the Jamestown Police, in
cooperation with the Jamestown Substance Abuse Prevention Task Force, ran
surveillance on several businesses for compliance with laws involving the
sale of tobacco and alcoholic beverages from September 27 until October
29, 1999.
      Chief Tighe reported that several businesses were found in violation
of the law; because of this, Chief Tighe requested that the licenses for
these establishments be held up until he has had a chance to meet with
each violator to discuss future plans and procedure to ensure that these
violations do not occur again.
      Chief Tighe informed the Council that at present, the Jamestown
Police intend this to be a warning to those businesses; however, if it
continues, charges will be brought against the violators.
      It was the consensus of the Council that because there would be no
formal charges, they would reschedule the hearing on alcoholic beverages
to November 22, 1999, giving the Chief that time to meet with each
business.
      Further discussion brought out the need for each establishment to
have a written policy that all employees are made aware of to prevent this
type of situation in the future, as they will be tested again, and if
found in violation of the law, they will be prosecuted.  It was moved by
Councilor Amerigian, seconded by Councilor Long to continue the hearing
for the renewal of liquor licenses to the meeting of November 22, 1999,
with the exception of Midwest Electric, Inc., d/b/a Bay View Bar and
Grille.
      So unanimously voted.   The attorney for the owner of Midwest
Electric, Inc., John Coffey, Esq., noted that at present, the matter of a
dispute over the contract of sale for property involving Midwest Electric,
Inc. is being heard in Supreme Court; however, this should not interfere
with the issuance of this liquor license.
      Attorney Coffey assured the Council that this transfer would not
involve the Town of Jamestown; further explaining that the transfer
involves the unit itself and the liquor license and equipment in that
unit.
      The Town Solicitor noted that if this license is renewed, the
applicant must obtain a certificate from the Health Department.
      The Town Planner informed the Council that Midwest Electric, Inc.
was pursuing a change of use for the condominium located at 53 Conanicus
Avenue.
      Attorney Coffey noted that from the standpoint of the present owner,
it will remain a restaurant.
      It was moved by Councilor Swain, seconded by Councilor Long to grant
the liquor license for Midwest Electric, Inc., d/b/a Bay View Bar and
Grille, pending approval and issuance of a Department of Health
certificate.  So unanimously voted.

CONSENT AGENDA

It was requested that items # 1, 5 and 6 be removed from the Consent
Agenda.
     Motion by Councilor Long, seconded by Councilor Amerigian to approve
the consent agenda as amended. So unanimously voted. The amended consent
agenda consisted of:
2)   Bills and Payroll
3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (09/28/1999)
  b) Tax Assessment Board of Review (10/20/1999)
4)   New England Division, Corps of Engineers re: final actions (between
07/01/1999 and 07/31/1999) 
7)   Abatement/Addenda of taxes report of Tax Assessor filed 11/08/1999
****************************************
1)   Adoption of Council minutes:
     a) 10/25/99 (Regular Meeting)
Councilor Amerigian noted that he was not present for the October 25, 1999
Council meeting and would excuse himself from the approval of these
minutes.
      It was moved by Councilor Swain, seconded by Councilor Littman to
approve the minutes as presented.  So voted with Councilor Amerigian
abstaining, Council President Long, Councilor Swain and Councilor Littman
voting aye.
5)   US Army Corps of Engineers, New England District re: Providence River
Maintenance Dredging Environmental Impact Statement - workshop
announcement (November 9, 1999)
Councilor Littman inquired if anyone would be attending the workshop on
November 9 regarding the Providence River Maintenance Dredging
Environmental Impact Statement.
      Councilor Swain informed the Council that he hoped to attend.
      It was moved by Councilor Amerigian, seconded by Councilor Swain to
accept the Workshop notice.  So unanimously voted.
6)   RI Clean Water Finance Agency 
  a)    Financial statements (June 30, 1999 and 1998)
  b) 1999 annual report               
The Town Administrator informed the Council that the RI Clean Water
Finance Agency provides funding for waste water treatment.
      Additionally, the Town Administrator stated that she is in contact
with this agency as we move along on our plans for our waste water
treatment plant.
      It was moved by Councilor Swain, seconded by Councilor Long to
accept the communications from the RI Clean Water Finance Agency.
      So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

None
OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address
Council President Long invited the audience to comment on the proposed
zoning ordinance amendment relating to ferries and ferry parking.
      There being no comments, Councilor Long continued with non-agenda
requests to address.  
Christopher Powell requested permission from the Council for the Christmas
lighting at the green on East Ferry.
      Mr. Powell will forward a written request to the Council at the
November 22 meeting.  No action taken.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrators report 
  a) Requested action by Council (none)
In addition to the reading of the Town Administrator's report, the Town
Administrator reported on the following items:
     i) North Reservoir
The reservoir is down approximately 48 inches.
      The car wash on Narragansett Avenue will be informed that they can
reopen and the Secret Garden will be informed that they can resume the
watering of outside plant stock.  
     ii)   Champlin Grants
The Library received a grant in the amount of $30,000.00, to be used for a
computer, reader printer, and outdoor lighting.
      The Jamestown Fire Department received a grant in the amount of
$100,000.00 which will be used to offset the cost of their new ladder
truck.
     iii)  Update on GZA
Arrangements are being made for GZA to appear before the Council at the
next meeting to review plans and progress thus far.
iv) Request from the Fire Chief to purchase an encoder with fees collected
from smoke detector inspections

The Council requested clarification of Rhode Island General Law with
regard to the use of funds collected from smoke detector inspections.
      The Town Solicitor stated that it was his understanding that the
money from smoke detectors could be used only for fire prevention.
      The Fire Chief strongly suggested that he be allowed to use these
funds for the purchase of the encoder system as part of his fire
prevention plan.
      Further stating that the use of this system would reduce the Town's
liability by giving access to buildings through a code the police
dispatcher would be responsible for, rather than the present system
whereby each fire unit has individual keys to the master alarm key box.
      Chief Christman cited other areas in which this money is being used;
such as fire prevention education in the schools, alarm cables and the
purchase of smoke detectors.   
The Town Administrator encouraged the Fire Chief to put this item in his
budget and purchase the encoder system in that manner.
      Councilor Swain inquired if any other fire departments have used the
smoke detector funds in this manner.
      Chief Christman stated that he was not aware of this.
      Councilor Long stated that in the opinion of our Town Solicitor we
are advised not to use these funds in this manner.
     Chief Christman stated that he would obtain a written opinion from
the State Fire Marshall on use of these funds.  

Richard Allphin, Clarke Street inquired as to who was responsible for
putting the request together for the Champlin Grant.
      Fire Chief Christman stated that Michael Ehrmanntraut is a great
asset to the Jamestown Fire Department and has been responsible for
obtaining approximately $250,000.00 in funds for the Fire Department.  It
was moved by Councilor Amerigian, seconded by Councilor Littman to
instruct the Town Clerk to send a letter thanking him for all his efforts.
      So unanimously voted. 

2)   Town Planner
a) memorandum re: Community Development Block Grant, Section 108, Capital
Delivery System
b) 
The Town Planner introduced a request from Community Development for the
support of any non-entitlement communities that will be participating in
the Rhode Island Capital Delivery (CDS) System.
      At present, they are asking for a letter of support; however, they
will be requesting funds, possibly before the end of this budget year.
      Councilor Long suggested that the Town Administrator research this
and report back to the Council.
      It was moved by Councilor Amerigian, seconded by Councilor Long to
table the request from Community Development regarding the RI Capital
Delivery System until the meeting on November 22, 1999.
      So unanimously voted.
3)   Jamestown Planning Commission
a) Memorandum re: Repaving of Narragansett Avenue
b) 
Following a discussion regarding the coordination of paving efforts by
RIDOT, it was moved by Councilor Amerigian, seconded by Councilor Littman
to direct the Town Planner to write a letter to RIDOT to apprize them of
our request to repave a portion of Narragansett Avenue that will coincide
with the Downtown Improvement Project.  So unanimously voted.

  b) Memorandum re: Old Jamestown Bridge
It was moved by Councilor Long, seconded by Councilor Littman that a
letter be drafted and put on the Agenda for the November 22 Town Council
meeting for approval, stating that the Jamestown Town Council is not in
favor of keeping the old Jamestown bridge up and expressing our concern
that the access for bicycle or pedestrian traffic on the Verrazano bridge
is non- existent.  So unanimously voted.

4)   Jamestown Fire Department
  a) Memorandum re: encoder security system for Knox-box
Previously discussed.
  b) request to award bid for aerial ladder truck to Kovatch Mobile
Equipment Corp. (KME) in the amount of $509,522.00
The Town Administrator reported that the Town Solicitor has not yet had an
opportunity to go over the bids; therefore, she suggested that the Council
hold off on awarding the bid for the purchase of an aerial ladder truck.
      The Fire Chief and Captain Rezendes informed the Council that in
their opinion, Kovatch Mobile Equipment Corporation, although the higher
bidder, is offering the better package and should be awarded the bid.
      Additionally, Captain Rezendes stated that many exceptions were
taken by the lowest bidder, whereas KME had no exceptions.
      It was moved by Councilor Long, seconded by Councilor Littman to
request that the Fire Chief  review the bids with the Town Solicitor for a
written opinion to be submitted to the Council for the Water and Sewer
meeting on November 15, 1999.  So unanimously voted.

5)   Jamestown Harbor Management Commission 
  a) Jamestown Harbor Management Commission re: request for resolution to
forgive $21,000.00 loan (continued from 10/25/1999)
Previously discussed in Town Administrators report.
      The Harbor Management Commission Chair informed the Council that
this will be discussed at budget hearing time.

  b) Proposed ordinance amendment to Section 5-34 Mooring regulations (h)
fees - for Council's review (this will constitute the 1st reading; if
favorable, order advertising for 2nd reading and consideration of 
adoption)
Councilor Amerigian announced that the point of this amendment is to
provide, if necessary, the opportunity to change fees without the
necessity of ordinance amendment hearings.
      Additionally, Harbor Management Commission Chair, Patrick Bolger,
stated that rates will be advertised and discussed at Harbor Management
meetings in order to keep the process open to all interested parties.
      It was moved by Councilor Swain, seconded by Councilor Amerigian to
advertise the proposed amendment to Section 5-35 (h) for hearing.
      Councilor Amerigian  So unanimously voted. 

6) Tax Assessment Board of Review
7) 
  a) Memorandum from Chair re: report and election of officers
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the memorandum from the Tax Assessment Board of Review.
      So unanimously voted.
7)   Jamestown Philomenian Library Board of Trustees (1 vacancy, term
ending 12/1999)
  a) Request for reappointment from Lisa Tyre
It was moved by Councilor Long, seconded by Councilor Littman to reappoint
Lisa Tyre to the Jamestown Philomenian Library Board of Trustees.
      So voted with Councilor Swain abstaining.

UNFINISHED BUSINESS

1) Communications to Council 
2) 
a) anonymous letters (continued from 10/25/1999)
b) 
Councilor Amerigian discussed previous Council's decisions to avoid
putting anonymous letters on Council agendas.
      In further discussing this issue, it was the Council's view that
each anonymous communication should be assessed separately for inclusion
on the Council agenda.
      It was moved by Councilor Long, seconded by Councilor Amerigian that
any anonymous communication would be submitted to the Town Administrator
or Council President for review and if found substantive may be included
on the agenda.  So unanimously voted.

3) Proposed Zoning Ordinance amendment relating to ferries and ferry
parking (continued from 10/25/1999)

Discussion ensued regarding the proposed zoning ordinance amendment
relating to ferries and ferry parking.
      It was brought out that originally the proposed ordinance amendment
related to marina and marina parking for recreational boating and not
charter or ferry service which would require additional parking or
satellite parking.
      The Town Solicitor stated that this issue was addressed in 1997 and
readdressed, more recently, with a draft proposal outlawing specific types
of operations rather than regulating parking.
      The Town Solicitor recommended that the present proposal be sent to
the Planning Commission in order to address satellite parking for specific
usage.
      Concern was raised regarding the direction the Town Council wishes
to proceed in and whether or not this proposed ordinance fits into the
Jamestown Comprehensive Plan.
      It was moved by Councilor Long, seconded by Councilor Amerigian that
this be put on the agenda for the Council meeting on November 22.
      So unanimously voted.  

3)   Old Jamestown Bridge re: bicycle path (continued from 10/25/1999)
  a) response to RIDOT (continued from 10/25/1999)
  b) letter from William D. Ankner, RIDOT to Town Administrator  
Previously discussed.

COMMUNICATIONS

1)   Letter from Arthur & Dolores Christman re: demolition of the old
Jamestown Bridge
It was moved by Councilor Long, seconded by Councilor Amerigian to accept
the letter from the Christmans.  So unanimously voted.
2)   Letter from RIDEM re: EPA grant funds
It was moved by Councilor Long, seconded by Councilor Swain to refer this
letter regarding EPA grant funds to the Town Planner.
      So unanimously voted.
3)   Letter from Emmet E. Turley, Jamestown Shores Association re: ISDS
variance plat 5, lot 158, located on Seaside Drive
There was general discussion on whether the Town should take a position in
requests for variances.
      It was the consensus of the Council that  Jamestown Shores is an
area of great concern to our community; therefore, it is necessary for the
Council to review requests for variances in that area.
      The Town Solicitor informed the Council that the RIDEM may consider
requests for an extension in response time for reasons such as requested
input from the Conservation Commission or Planning Commission.
      It was moved by Councilor Swain, seconded by Councilor Amerigian to
have the Town Administrator write a letter to the RIDEM requesting an
extension of time, stating the Town's position and our commitment to
establishing a Waste Water Management Plan.
      So unanimously voted.  It was requested that this item be put on the
agenda for the November 22, 1999 meeting 

NEW BUSINESS

1)   Waste Water Treatment Plant  re: rehabilitation financing
Councilor Amerigian discussed the rehabilitation funding for the Waste
Water Treatment Plant.
      Councilor Amerigian stated that the present engineer provided
estimates of how bonding to pay for this rehabilitation would affect the
Jamestown tax rate.
      Councilor Amerigian further stated that the Council had not yet made
a decision on whether general funds would be used.  The Town Solicitor
confirmed Councilor Amerigian's understanding that we would need enabling
legislation in order for the Board of Water & Sewer  to present this
referendum to the voters.
      It was requested that the Town Solicitor review the possibility of
enabling legislation for this project.
2)   One-day Peddler license (Nov. 11, 1999 - Nov. 21, 1999)
        Applicant
        Jamestown Community Theatre
It was moved by Councilor Long, seconded by Councilor Amerigian to approve
the Peddler license for the Jamestown Community Theatre on November 11
through November 21, 1999.  So unanimously voted.

EXECUTIVE SESSION
None

ADJOURNMENT

There being no further business before Council, motion by Councilor Swain,
seconded by Councilor Long to adjourn the meeting at 8:53 PM.
     So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk