TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
December 13, 1999

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown School Multi-purpose Room, 76 Melrose Avenue at 7:05 PM by
Council President David J. Long. The following members were present:
Kenneth G. Littman, Vice President
Bruce W. McIntyre
David Swain
Absent:  Craig A. Amerigian

Also present were:
Maryanne Crawford, CPA, Town Administrator/Finance Director
Arlene D. Kalooski, Town Clerk
Steven J. Goslee, Public Works Director
Lisa Bryer, Town Planner
James T. Murphy, Esq., Town Solicitor
Patrick Bolger, Harbor Management Commission Chair
Richard Allphin, Zoning Vice Chair
Christopher Powell, Conservation Chair
Thomas P. Tighe, Chief of Police
Arthur J. Christman, Fire Chief

AWARDS, PRESENTATION AND ACKNOWLEDGMENTS

None

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Portuguese American Citizens Club re: retailer's beverage license
(class D - full)
Attorney John Murphy, on behalf of the Portuguese American Citizens Club,
requested that the wording on the license to serve alcoholic beverages be
returned to its original wording; that being, ...authorizing the holder
hereof to keep for sale and to sell at "on the West side of Pemberton
Avenue".
      Mr. Murphy stated that the change in wording to "a building on the
West side of Pemberton Avenue" inadvertently occurred  in the 1993-1994
issuing of this license.
      Mr. Murphy informed the Council that historically the Club has
served alcoholic beverages on the outside of the building and the change
in the wording on their license could hinder the normal course of business
at the Club.
      It was suggested by the Town Solicitor that considering the time of
year, this issue be referred to the Solicitor for review and opinion
regarding the wording change for location of premises.
      Mr. Murphy referred to the patio area as part of the premises.  It
was moved by Councilor Swain, seconded by Councilor Littman to grant the
request of the Portuguese American Citizens Club to redo their license to
reflect "on the West side of Pemberton Avenue" in lieu of "the building on
the West side of Pemberton Avenue".
      It was voted four (4) in favor with Councilors Littman, McIntyre and
Swain voting aye, and one (1) opposed with Councilor Long voting nay.
      The motion passed.

CONSENT AGENDA
It was requested that items # 4 and 5 be removed from the Consent Agenda.
      Motion by Councilor Littman, seconded by Councilor Long to approve
the consent agenda as amended.  
The consent agenda consisted of:
1)   Adoption of Council minutes:
  a) 11/22/99 (Regular Meeting)

2)   Bills and Payroll

3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (10/26/1999)
  b) Jamestown Housing Authority 
     i) 10/13/1999 (regular meeting)
     ii)   Original Articles of Incorporation for Conanicut Housing
Corporation)

6)   Invitation to a Holiday Gathering at the RI Clean Water Finance
Agency

4)   RICRMC notice re:  consideration of application to construct and
maintain unit by John R. and Althea K. Leyon, 541 Seaside Drive, Plat 3,
Lot 121 
Councilor Swain noted that the Town of Jamestown is also seeking
information regarding the desalination process; therefore, it was moved by
Councilor Swain, seconded by Councilor Long that this item remain on the
Town Council agenda so that the process can be followed.  So unanimously
voted.

5)   RICRMC Cease & Desist Order re: an unauthorized fence within 200 feet
of a coastal feature at High Street; abutting Plat 9, Lot 296 to Donelson
Glassie, 7 High Street
This issue was addressed by Councilor McIntyre in recognition of the
importance of public access to the shoreline.
      The Town Administrator informed the Council that the Town Solicitor
has been asked to send a letter to the resident requesting the removal of
the fence.
      Councilor McIntyre requested that the protection of right of ways be
followed by keeping this issue on the Council agenda.
      It was moved by Councilor Long, seconded by Councilor McIntyre to
accept items # 4 and 5.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

It was moved by Councilor Long, seconded by Councilor Littman to enter
into executive session pursuant to:
1)   Acquisition of real property; pursuant to RIGL 42-46-5 (a)(5) (real
estate)
2)   Contract negotiations, pursuant to RIGL 42-46-5 (a)(2) (collective
bargaining)
It was voted aye by Councilors Littman, Long, McIntyre and Swain.
      The motion unanimously passed.
It was requested that the agenda item regarding the Eagle Scout project by
Dan Ritacco be moved up on the agenda for presentation.
      Christopher Powell informed the Council that the land Mr. Ritacco is
proposing to enhance is a parcel of approximately 5 acres acquired by the
Town several years ago.
      Mr. Ritacco presented his plan to fashion the area, known as Hammond
Pond and located between Backstay Street, Beacon Avenue, Spirketing Street
and Stanchion Avenue, into a small public park.
      Mr. Ritacco noted that the funding for this project would come from
the Conservation Commission and the projected completion date would be the
middle or end of March 2000.
      Mr. Ritacco requested permission from the Council to proceed with
his plan to clean the area, plant grass and install a split rail fence
with gate.
      It was moved by Councilor Long, seconded by Councilor Swain to
approve the work on this project by Mr. Ritacco.  So unanimously voted.  

PUBLIC HEARING

1)   An ordinance amending section 5-43(h) of the Code of Ordinances of
the Town of Jamestown re: fees
The hearing for an ordinance amending section 5-43(h) of the Code of
Ordinances of the Town of Jamestown was opened by Council President David
Long at 7:30 PM.
      It was recommended by Council President Long that the Council not
vote on this item until all Council members are present.

The Harbor Management Commission Chair, Patrick Bolger, noted that this
ordinance amendment would allow the Harbor Management Commission to set
rate fees which would then be submitted to the Council for their review.
      Following Council approval, these fees would be incorporated into
the Harbor Management Commission budget to be presented at the Town
Financial Meeting in March.
      The Jamestown Harbor Management Ordinance was adopted in 1990 prior
to the Rhode Island Coastal Resource Management Council guidelines stating
that it is not necessary to go back to RICRMC for increases in rates.
      Mr. Bolger informed the Council that the Jamestown Harbor Management
Commission held several workshops regarding these rate changes and will be
hosting another session on December 16, 1999 at the Jamestown Philomenian
Library. 
Victor V. Calabretta, 11 America Way, presented a prepared statement to
the Council.
      Mr.Calabretta's recommendation is that the Council wait until they
have the benefit of next year's Comprehensive Plan reflecting current
input from the Town, before revising the Harbor Management Ordinance.
Dennis Nixon, 47 Standish Road,  spoke against the proposed ordinance,
stating that when the original ordinance was presented the fees were to be
used for running the Harbor Management program.
      These fees were specifically put in the ordinance so that it would
be necessary to go before the Council to make an ordinance change and
justify why the change is needed.  This proposal is unfair and seeks to
soak the mooring holders for problems that they never asked for.
The Harbor Management Commission Chair stated that the current
Comprehensive Plan is very specific and states that the Jamestown Harbor
Management Commission is charged with the maintaining of the
infrastructures - all town owned properties on the water.
      Mr. Bolger informed the Council of his communication with Grover
Fugate, the Executive Director of Coastal Resource Management, regarding
the Harbor Management Ordinance and the proposed change.
     Mr. Fugate indicated that the proposed ordinance follows the current
guidelines of CRMC and that the Town Council does have the right to pass
this ordinance.
      Mr. Bolger noted that the Harbor Management Commission will be
presenting these proposed rates to the CRMC to ensure that they are within
the regional guidelines prior to recommending them to the Council.Victor
Calabretta as a former Town Council member, offered additional information
regarding the original Harbor Ordinance; that being, it was never meant to
be the sole funding for harbor maintenance and capital improvement.
      The mooring fees were to pay for the operation and management of the
harbor.
        There was a $100,000.00 budget in the old waterfront authority
account which would then be supplemented by the leases to build up money
that would be available to assist the Town in maintaining harbor
structures.
      Those harbor structures would be piers, jetties and sea walls.
      Mr. Calabretta stressed that the ordinance and plan that he voted
for and the present plan are no longer the same. 
Julio DeGiando, 63 Clarke Street, expressed his concern regarding the
inequity of a small group in town being held responsible for the
maintenance of this budget.  
Gerard Barrette, 213 Seaside Avenue, noted that the present ordinance was
accepted and its purpose was to maintain a Harbor Master, coordinating the
moorings, whether public or private, and laying out the moorings as we
have them today.
      Never was it mentioned that we would be maintaining super structures
on the shorelines of this Town.
Dan Lilly, 132 Beach Avenue, noted that although the entire island gets to
use these facilities; as a boater, he would expect to pay more. 
David Pritchard, Harbor Management Commission; stated that this
infrastructure has to be maintained and revenue is insufficient.
      As most of these structures are non-revenue producing, there is no
other way to do this.
      Mr. Pritchard further stated that the Comprehensive Plan spells out
that the Harbor Management Commission is responsible for maintaining these
structures.
      Due to many years of neglect and liability issues, we must do what
we can to raise funds.
Arthur Milot, 60 Walnut Street, informed the Council that he is in favor
of adjusting the mooring fees and all fees incidental to maintaining the
waterfront; however, as a taxpayer, he is concerned with the real estate
tax and cautioned the Council to consider this increase very carefully.  
Jane Sprague, 4 Reservoir Circle, stated that the suggestion to raise the
mooring rates is oppressive.
      Jamestown is an island community and all residents should share this
burden.
Sterling Graham, 172 Racquet Road, suggested that the Council delegate
this responsibility to the Harbor Management Commission.
Discussion continued with additional information presented by the Harbor
Management Commission Chair regarding recent meetings held by the
Commission to define a rate structure to be submitted to the Town Council.
      Councilor McIntyre encouraged residents to attend the next scheduled
Harbor Management Commission meeting scheduled for December 16.
      It was moved by Councilor Long, seconded by Councilor Swain to
continue this hearing to the next scheduled Town Council Meeting.
      So unanimously voted.

OPEN FORUM

1)   Scheduled Requests to Address

2)   Non-Agenda Requests to Address
Frank Meyer, 1 Helm Street, requested that the turbine be removed from
North Road.
      The Town Administrator noted that the equipment is now owned by
Wisconsin Electric.
       Wisconsin Electric informed the Town Administrator that because of
its size, permits are needed for each State the turbine will be traveling
through.  The Town Administrator will continue to work on this issue.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrators report 
  a) Requested action by Council 
     i) Grant permission to the Special Olympics to use Mackerel Cove and
Fort Getty for their annual Penguin Plunge
It was moved by Councilor Long, seconded by Councilor Swain to grant
permission to the Special Olympics to use Mackerel Cove and Fort Getty for
their annual Penguin Plunge.  So unanimously voted.
     ii)   Authorize the Town Administrator to contact Mr. Greenberg with
the Town Solicitor's recommendations regarding the purchasing of Town
owned property
It was moved by Councilor Long, seconded by Councilor McIntyre to contact
Mr. Greenberg to see if he is still interested in purchasing this property
and if so, to establish the purchase price.  So unanimously voted.
The Conservation Commission Chair, Christopher Powell, requested that
these requests to purchase Town owned property be passed before the
Conservation Commission and other interested commissions.
     Additionally, Mr. Powell inquired who would be responsible for
maintaining the easement on this property.
      The Town Administrator informed the Council that she would forward
the information regarding this request to purchase property to the
Conservation Commission, Planning Commission and Harbor Commission.  
     iv)   Authorize the release of the Tricentennial Funds to the
Jamestown Millennium Committee
It was moved by Councilor Long, seconded by Councilor McIntyre to
authorize the release of the Tricentennial Funds to the Jamestown
Millennium Committee.  So unanimously voted.
v)   Approve the Harbor Management Commission's request to the Turnpike
and Bridge Authority
The Harbor Management Commission Chair informed the Council that he has
worked directly with the Turnpike and Bridge Authority requesting that the
land located on lot 629 be used as a controlled right of way for
registered mooring permit holders in the vicinity of the Newport Bridge.
      It was moved by Councilor Long, seconded by Councilor Littman to
approve this request to the Rhode Island Turnpike and Bridge Authority.
      So unanimously voted.
     vi)   Approve schedule for budget hearings
It was moved by Councilor Long, seconded by Councilor McIntyre to approve
the revised schedule for the budget hearings.  So unanimously voted.
     vii)  Forward claim involving Town's rescue truck to the Town
Solicitor
It was moved by Councilor Long, seconded by Councilor McIntyre to forward
the accident claim to the Town Solicitor.  So unanimously voted.
The Fire Chief expressed great concern regarding instances when
Jamestown's emergency equipment encounter difficulty in accessing an area
because of parking problems.
      The Chief stated that because of these parking problems it is
sometimes necessary to reroute emergency vehicles.
      The Town Administrator informed the Council that in reference to
this incident, she has informed the Public Works Director to install new
no parking signs for the east side of Grinnell Street and requested that
Father O'Neill inform his congregation. 
     viii) Award bid for Town Clerk's audio recording equipment to Lanier
Worldwide, Inc. in an amount not to exceed $4211.00
It was moved by Councilor Swain, seconded by Councilor Long to approve the
purchase of audio recording equipment from Lanier Worldwide, Inc. in an
amount not to exceed $4211.00.  So unanimously voted.
2)   Jamestown Harbor Management Commission re: invitation to special JHMC
meeting on December 16, 1999 at 7:00 PM
Council President Long noted that the Council was planning to attend the
Jamestown Harbor Management Commission meeting on December 16, 1999.
3)   Jamestown Planning Commission
  a) Memorandum re: recommendations for fiscal year 2000-2001 budget
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the memorandum from the Planning Commission.  So unanimously voted.
  b) Jamestown Planning Commission (three vacancies; terms ending:
12/31/1999; if favorable, advertise)
i)   letter of recommendation for reappointment
ii)     requests for reappointment
           Michael F. Smith
           Betty L. Hubbard, ASLA
iii) letter of resignation from Arthur C. Milot
It was moved by Councilor Long, seconded by Councilor Swain to advertise
for the open positions on the Planning Commission.  So unanimously voted.
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the request for reappointment from Michael F. Smith.  So unanimously
voted.
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the request for reappointment from Betty L. Hubbard.  So unanimously
voted.
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter of resignation from Arthur Milot.  So unanimously voted.
4)   Affordable Housing Committee (two vacancies; terms ending:
unspecified; if favorable, advertise)
  a) Memorandum re:  notice of vacancies
  b) letter of resignation from Eric T. Lexow           
It was moved by Councilor Long, seconded by Councilor Littman to advertise
the open positions on the Planning Commission.  So unanimously voted.
It was moved by Councilor Littman, seconded by Councilor Long to accept
the letter of resignation from Eric T. Lexow.  So unanimously voted.
5)   Water Resource Protection Committee for the acquisition of land (four
vacancies; terms ending: unspecified) for appointment of four members
  a) Ellicott Wright      e) John H. Hubbard
  b) Arthur C. Milot      f) Richard Hutchinson
  c) James Turenne     g) Laura M. Aibel (withdrawn)
  d) Spencer W. Potter    h) Anthony B. Simeone
  i) Dan Lilly
Following a discussion on the process for choosing the four members for
this committee, it was moved by Councilor Long, seconded by Councilor
McIntyre to table this decision until the Water and Sewer meeting on
December 20, 1999.  So unanimously voted.
6)   Memorandum from Town Clerk re: Town Council meeting 12/27/1999
It was moved by Councilor Long, seconded by Councilor McIntyre to change
the date of the Council meeting to December 29, 1999 at 7:00 PM.
      So unanimously voted.

UNFINISHED BUSINESS

1)   Harbor Management Commission re: funding of infrastructure repair 
The Harbor Management Commission Chair informed the Council that this item
was on the agenda so that the funding of infrastructure repair could be
discussed; however, the Commission has not completed their recommendations
to be considered.  It was moved by Councilor Long, seconded by Councilor
McIntyre to table this until the next Council meeting.
      So unanimously voted.
2)   GZA GeoEnvironmental, Inc., 
  a) presentation to Council re:  transaction screen Plat 2, Lot 47
(adjoining the transfer station)
Edward Summerly, geologist from GZA GeoEnvironmental, Inc. presented a
synopsis of the transaction screen for Plat 2, Lot 47 and reminded the
Council that it does not include any testing 
  b) presentation to Council re:  draft site investigation work plan for
former landfill
Joseph Unsworth and Mr. Summerly discussed the work plan for this area
noting that they included concerns raised by Michael Woodside, a
representative for the Jamestown Shores area.
      As abutters to the landfill, Norma Willis and Raymond Iannetta
expressed great concern with the site investigation being planned for that
area; in an attempt to alleviate their apprehension they requested that
they also be allowed to attend the meetings scheduled with GZA.
      A lengthy discussion ensued addressing concerns such as the
integrity of the test wells, the direction that the groundwater flows, and
the possibility of contamination to surrounding areas.
      The representatives from GZA pointed out that the work for the site
investigation was in the draft stages.
      Once the draft is approved, abutters will be notified and the actual
work will begin.
      It was moved by Councilor McIntyre, seconded by Councilor, seconded
by Councilor Swain to appoint Norma Willis and Raymond Iannetta as
representatives of the abutters to the landfill and to include them in the
discussion and review of information with GZA GeoEnvironmental.
      So unanimously voted.
3)   Planning Commission re: recommendation to Town Council 
  a) off-site marina parking (continued from 10/12/1999 and 11/22/1999;
hearing to be scheduled & order advertising)
Attorney John Murphy, representing Conanicut Marine, urged the Council not
to set a date for the hearing of this proposed ordinance.
      Mr. Murphy cited his reasons for this request; those being, zoning
amendments should only be triggered by the Planning Commission; Planning
Commission recommended that this proposed zoning ordinance should not be
amended; and that the Town Solicitor should request clarification from the
Statewide Planning Office.
       Another consideration discussed was the need for a timely response
when proposed zoning ordinances are submitted as pointed out by the Town
Planner and Town Solicitor.
      It was moved by Councilor Long, seconded by Councilor McIntyre to
request the Town Solicitor clarify the requirements for the proposed
ordinance and the recommendation by the Planning Commission.
      So unanimously voted.
  b) proposed zoning ordinance amendment relating to ferries and ferry
parking (continued from 11/22/1999; for consideration with above
recommendation)
It was moved by Councilor Long, seconded by Councilor Littman to continue
the discussion on this proposed zoning ordinance until the Planning
Commission offers their recommendations.  So unanimously voted.
4)   Special Olympics of Rhode Island re: use of Mackerel Cove Beach for
the 24th Annual Penguin Plunge on January 1, 2000 (continued from
11/22/1999)
previously addressed      
COMMUNICATIONS

1)   RICRMC response re: desalinization inquiry
It was moved by Councilor Long, seconded by Councilor Swain to refer this
response from RICRMC to the Water Study Committee.
      So unanimously voted.  Councilor Swain informed the Council that
arrangements are being made to have a meeting with representatives from
RICRMC to discuss permit requirements for a desalination plant in the Town
of Jamestown and the State of Rhode Island.
      This meeting is scheduled for January 5, 2000 at 10:00 AM, with the
meeting location to be announced.
2)   RI Turnpike and Bridge Authority re: Newport/Pell bridge lighting
It was moved by Councilor Long, seconded by Councilor McIntyre to refer
this communication regarding the Newport/Pell bridge lighting to the
Planning Commission.  So unanimously voted.
3)   Betty and Jack Hubbard re: liquor license renewals (Mr. & Mrs.
Hubbard have requested to continue this communication until next Council
meeting as they are unable to attend this meeting)
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the communication from Betty and Jack Hubbard.  So unanimously voted.
4)   Letter from residents re: High Street right-of-way
It was moved by Councilor Long, seconded by Councilor Swain to accept the
communication regarding High Street right-of-way.  So unanimously voted.
5)   Letter from Edie and Peter Flynn re: outdoor dining
The Town Clerk noted that Mr. & Ms. Flynn requested that this item should
be in reference to outdoor bars and amplified music.
      It was moved by Councilor Long, seconded by Councilor Littman to
accept this communication.  So unanimously voted.
6)   Letter from Peter C. Clarke re: outdoor bars and amplified music
It was moved by Councilor Long, seconded by Councilor Swain to accept the
letter from Peter C. Clarke.  So unanimously voted.
7)   Letter from Ken Bond re: outdoor bars and amplified sound
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from Ken Bond.  So unanimously voted. 
8)   Nicholas Schaus re: Jamestown Harbor Management Commission
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the communication from Nicholas Schaus.  So unanimously voted.
9)   Quentin Anthony re: repair of waterfront facilities
It was moved by Councilor Long, seconded by Councilor Littman to accept
the communication from Quentin Anthony.  So unanimously voted.
10)  Letter from George Guy re: mooring and lease fees
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from George Guy.  So unanimously voted.
11)  Letter from James Testa re: policy regarding mooring fees
It was moved by Councilor Long, seconded by Councilor McIntyre to accept
the letter from James Testa.  So unanimously voted.
12)  Letter from Lincoln Gould re: ordinance 5-34 (h) fees
It was moved by Councilor Long, seconded by Councilor Swain to accept the
letter from Lincoln Gould.  So unanimously voted.
13)  Letter from Patricia Munafo re: no hunting on Sunday
The Town Administrator noted that the Town Clerk and Police Chief have
attempted to clarify this issue regarding "no hunting on Sunday" however;
additional information is needed.  It was moved by Councilor Long,
seconded by Councilor McIntyre to submit this letter to the Town Solicitor
for review.
      So unanimously voted.  Dr. and Mrs. Munafo stated that they believe
there are safety factors with this issue as well as the practice of the
barbaric and inhumane killing of deer.
      Discussion continued regarding the policy that is on record in the
Town of Jamestown.
      It was the consensus of the Council that the Town Solicitor should
review the policies in effect in Jamestown.

NEW BUSINESS

1)   Request from Andrea Brayman re:  Council permission for Annual St.
     Daddy's Day 5K Run/5K Walk
It was moved by Councilor Long, seconded by Councilor Swain that
permission be granted to Ms. Brayman for the Annual St. Daddy's Day 5K
Run/5K Walk upon the approval of the Fire Department and Police Department
and the clarification of the date of the event.  So unanimously voted.
2)   Request from New Visions for Newport County, Inc. re: board vacancy
It was moved by Councilor Long, seconded by Councilor McIntyre to
advertise for this board vacancy from New Visions for Newport County, Inc.
 So unanimously voted.
3)   Dan Ritacco re: Hammond Pond (Eagle Scout project)
Previously discussed
4)   Request from RICRMC re: discovery and designation of right-of-ways
It was moved by Councilor Long, seconded by Councilor Swain to refer this
request from RICRMC to the Town Planner, Harbor Management Commission.
      So unanimously voted. 

OTHER COMMUNICATIONS

None

EXECUTIVE SESSION

Motion by Council President Long, seconded by Councilor McIntyre to
adjourn to executive session at 10:33 PM.
     So unanimously voted. Council returned to regular session at 10:58
PM. Motion by Council President Long, seconded by Councilor McIntyre to
seal the minutes of the executive session to the public.
     So unanimously voted.

ADJOURNMENT

There being no further business before the Council, it was moved by
Councilor Long, seconded by Councilor Swain to adjourn the meeting at
11:00 PM.  So unanimously voted.

Attest:

Arlene D. Kalooski
Town Clerk