TOWN COUNCIL
         JAMESTOWN, RHODE ISLAND

       April 8, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:30 PM by Council President Fred
Pease. The following members were present:
             Paul A. Robertson, Vice-President
                Richard A. Hines
                Mark E. Liberati
                Steven M. McInnis

Also present were:
          Frances H. Shocket, Town Administrator
            Theresa C. Donovan, CMC, Town Clerk
          Steven J. Goslee, Public Works Director
          Arthur J. Christman, Deputy Fire Chief
             Samuel C. Paterson, Harbor Master
        J. Christopher Powell, Conservation Commission Chair

(James A. Donnelly, Esq., Town Solicitor arrived 7:35 PM)

         SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)      Application of Jamestown Lions Club for Class F (one day; beer and
wine only) license at John C. Rembijas Pavilion on 09/15/96
Motion by Councilor McInnis, seconded by Councilor Liberati to approve the
request subject to resolution of debts and taxes and obtaining the
approval of the building/zoning officer. So voted.

                 CONSENT AGENDA

Councilor Hines requested #2, 3 and 6 be removed from the consent agenda.
     Motion by Councilor McInnis, seconded by Councilor Robertson to adopt
the consent agenda as amended.
     So voted. The amended consent agenda consisted of:
1)      Adoption of Council minutes: 03/25/96 (regular meeting)
4)      Action Alert from the American Cancer Society
5)      CRMC Notices
  a)      Assent: Norton Reamer (Beavertail Road and Hull Cove Farm Road;
Plat 12, Lot 29) re: manage a 100 foot buffer zone and construction of
walkover structures, etc.
  b)      Finding of no significant impact: Emmet E. Turley (409 Seaside
Drive; Plat 3, Lot 130) re: replace roofing, siding and windows on house
and garage
  c)      Cease and desist: Michael and Leslie Fisk (228 East Shore Road;
Plat 7, Lot 180) re: construction, grading, or filling activities or other
alterations within 200 feet of coastal feature

2)      Bills and payroll: Ms. Shocket noted an addendum to #2 ($3,118.36
payable to the Solicitor).
     Following clarification of other items, motion by Councilor McInnis,
seconded by Councilor Robertson to approve bills and payroll with the
addendum identified by the Administrator. So voted.

3)      Copies of minutes of Boards and Committees
  a)      Fire Department Compensation Committee (03/23/96)
  b)      Zoning Board of Review (02/27/96)
  c)      Jamestown Housing Authority (03/13/96)
Following clarification regarding #3a, motion by Councilor Hines, seconded
by Councilor Robertson to approve #3. So voted.

6)      Abatements/Addenda Report of Tax Assessor received 04/04/96
Following clarification of an abatement resulting from a computer error,
motion by Councilor Hines, seconded by Councilor McInnis to approve #6 and
to ask the Administrator to speak to the Assessor regarding the degree of
probability of this occurring.
     So voted by 4 in favor, none opposed and Councilor Robertson
abstaining.

              EXECUTIVE SESSION ANNOUNCEMENT

The Administrator reported a need to discuss a personnel matter and the
Solicitor indicated a need to discuss litigation; no objection from
Council; as scheduled.

              OPEN FORUM

1)      Scheduled Requests to Address (none)

2)      Non-Agenda Requests to Address
Gail Sylvia, Commerce Committee: All remaining members are interested in
reappointment although, as a committee, we are uncertain of our role; we
would appreciate more direction; the Village Association wants us to
continue to exist; we could be involved in the newly created golf course
committee, for instance.
     Councilor McInnis: The committee was created because the Village
Association came to us and stated a need for an official committee as a
vehicle to relay opinions of the Association to Council; it bothers me
that now that it is turned around to say that Council is not giving us
anything to do; if input is not being spontaneously brought from those who
thought the committee should exist, then perhaps the committee should not
exist.
     Councilor Hines: I have had a hard time understanding why the
committee needs to exist from the beginning.
     Councilor Liberati: This is no criticism of the individuals, but I
understood the committee to be an official body of business advocates.
     Councilor Hines: We should be hearing from the Association directly
when the need exists.
     Ms. Sylvia: Then we need to go back to Association to see why they
wanted the committee created and why they thought their voice was not
being heard.
     Councilor Robertson: I thought the committee would be examining
issues of concern to Association and conveying same to Council through
communications and meeting minutes; we got very little correspondence from
the committee on anything; if it does remain in existence, you need to
pick topics of concern and communicate more with Council.
     Ms. Sylvia: The committee will meet to discuss this further and we
will report back before Council considers advertising any vacancies.

          REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)      Town Administrator's Report (no written report; verbally
presented)
Public Works: The underground storage tank at Fort Wetherill has been
tested and filled; the Fort Getty water project is almost complete; when
that is done, public works will begin the water main for SK Properties,
then the golf course irrigation project.

Water Supply: The well by North Reservoir is being monitored.
Planning: The Planning Commission is considering 6 issues for possible
amendment of the zoning ordinance; they are scheduled to vote on them on
April 17, then forward their recommendations to Council; the Planner has
been conducting Community Development Block Grant public hearings toward a
report for Council's April 22 meeting.

Recreation: The OSCAR grant was once again awarded to Jamestown for summer
litter patrol.

Police: In accordance with prior discussions, the trial detective
assignment will soon be arranged.

Administration: The Route 138 landscaping project has begun.

2)      Library Board of Trustees (2 vacancies; terms ending 12/97 and
2/99; letters of interest from Barbara Nesto, Diane C. Caswell, Debra
Vierra Murphy, Sue Maden and Mary E. Meagher): Motion by Councilor
McInnis, seconded by Councilor Robertson to appoint Barbara Nesto to fill
the unexpired term of resigning Rosemary Bashaw, term ending December 31,
1997.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
appoint Diane C. Caswell to replace resigning William Bricker, term ending
February 28, 1999. So voted.

3)      Zoning Board of Review (1 vacancy; term ending 12/1996; letters of
interest from Elizabeth Hocutt Brazil, Dennis T. Grieco II, Esq. and
Barbara Hamilton Porter): Motion by Councilor McInnis, seconded by
Councilor Hines to appoint Dennis T. Grieco II, Esq. as an alternate
member, term ending December 31, 1996. So voted.

4)      Memorandum from the Board of Canvassers re: new appointment to the
Board (noted; responses due from Town committees April 22)

5)      Zoning Board of Review
a)      Request for John P. Caito (senior alternate) to be appointed as
regular member: Motion by Councilor McInnis, seconded by Councilor
Robertson to confirm John P. Caito's transition from alternate to regular
member, filling the unexpired term of Martin S. Hellewell, term ending
December 31, 1998. So voted.

b)      Notice regarding appointment of Chair (Maurice Vandal) and
Vice-Chair (Rolf Knudsen) (noted)

6)      Memorandum from the Conservation Commission re: proposed water
moratorium: Mr. Powell: People already on the water line are conserving
and making sacrifices during water shortages while others are being
allowed to continue to connect; we need to make better use of our water
supply; the Town needs to consider a moratorium on new hookups and limit
the expansion of existing uses.
     Solicitor: That would be difficult to defend and would be a liability
for the Town; moratoriums are tightly regulated and are only stop-gap
measures; you are proposing taking property rights away, because a
connection moratorium results in a building moratorium.
     Councilor Liberati: This proposal would not in contemplation of a
fix, and is only being suggested because people feel uncomfortable because
they think we do not have enough water; the Conservation Commission needs
to tell us what a conservation plan should be; the Water and Sewer
Commissioners should also ask the Town Planner for a report of potential
hookups in the urban district to consider what the impact would be against
the risk of liability.
     Councilor McInnis: A moratorium is not the solution.
     Mr. Powell: The biggest saving is in toilet retrofitting; we need to
spend time to look at alternate methods to promote that.
     Councilor Hines: A moratorium takes property values away for a
minuscule result.
     Mr. Powell: We would be happy to work with Council, and perhaps the
Village Association, toward solutions.

7)      Memorandum from the Town Clerk re: peddlar licenses (noted)

               UNFINISHED BUSINESS

1)      Elderly Tax Exemption/Deferral Plan (continued from 03/25/96):
(Solicitor distributed draft; continued to 4/22)

2)      New license application: (continued from 03/25/96)
  Applicant                                       Type                    
       Location
  Captain Paul D. Sprague                 Sunday Sales                   
East Ferry (Town
  dba Conanicut Rentals                                                  
property)
     "     "                    Peddlar                         "
Capt. Sprague: (showed photographs and insurance certificate to Council
members and distributed drawings to same; no documents submitted to Clerk
for the record) I would operate from 9:00 AM until 7:30 PM; my trailer
will be able to accommodate all units and accessories to haul all away
each evening.
     Councilor Hines: The bigger issue is the use of public land; this
would be a departure from the current, smaller uses, all of whom are
peddling food.
     Councilor Liberati: Granting 2 peddlar licenses for that location is
not a problem for me, and the use enhances the community.
     Councilor McInnis: I am totally opposed to it; it is not right to use
what little green space the Town owns for a commercial venture; once
public property is used for private business, control will be lost; that
space is used daily during the summer by the public; the East Ferry Plan
workshop clearly showed that public sentiment is against commercialization
of that area.
     Capt. Sprague: The only way I can continue to live in this Town is if
I can make a living here; I am concerned for aesthetics as well.
     Councilor Robertson: We could establish a 25' x 25' area with
specific hours and control; the license would have an expiration date and
conditions could be imposed.

Gary Girard: So much of the waterfront has already been devoted to
commercial use; this is one of the few places left for public enjoyment;
it will increase traffic to the area; public sanitation and parking will
be problems; it will benefit the owner, but many people would be further
disenfranchised from enjoying the waterfront; I oppose it.

Donald Richardson: This would be one more demand on already limited
parking; these people will be here for longer periods than someone
grabbing ice cream.
     Capt. Sprague: Most customers will come from the marina, ferry, hotel
and bed & breakfasts.
     Councilor Robertson: The Council is in a position to regulate and
control it and I would support giving it a try for a year.

Ms. Shocket: The first issue is the request for permission to use public
property; the applicant must obtain that before proceeding with his zoning
variance application.
     Solicitor: The property owner must assent to the application.
     Councilor Liberati: The conditions under which the license is granted
would be the same for zoning; violation would result in revocation.
     Solicitor: Any zoning relief received runs with the land and that is
why the property owner's signature on the application is required.

William Ashton: I hope Council looks at where this whole thing will end
up; the nature of the rentals could result in injuries requiring rescue
services; the marina is a heavily used area; boats are being launched
adjacent to this site at all times; inexperienced kayak and sunfish
operators could cause problems and increase the impact.

Council President Pease: The venture itself sounds good, but a lot of
people have stated opposition to putting things on that spot; we need
clarification on the lease/license of the land.
     Solicitor: A license lets him use it; according to his application,
it would be for vehicle rental, which is prohibited by the zoning
ordinance in that zone.
     Councilor Liberati: I would find it difficult to endorse a prohibited
use.

Motion by Councilor McInnis, seconded by Councilor Liberati that, based
upon the Solicitor's opinion that the use described is prohibited by our
zoning ordinance, and that it would be inappropriate to lease the property
for no money, the application to use Town property for rental of kayaks,
sunfish and bicycles be denied. So voted.

3)      Response from the Commerce Committee re: status (noted)

                 COMMUNICATIONS

1)      Letter from Thomas J. Kelly re: skateboards and rollerblades
Councilor Hines to Ms. Shocket: Ask the Police Chief to attend Council's
next meeting (April 22).
     Councilor McInnis to Clerk: Compile minutes that address this topic
and submit a summary regarding Council's actions to date for the 
April 22 meeting.

                  NEW BUSINESS

1)      Injury claim from Neil P. Galvin, Esq. representing Mr. and Mrs.
Stephen Crawford re: Brendan Crawford
Solicitor: This is being addressed.



2)      License renewal applications:
  Applicant                                       Type                    
       Location
  Conanicut Island Art Association                Sunday Sales            
       Community Center and
                                Melrose Avenue School
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request subject to resolution of taxes and debts. So voted.

  Applicant                                       Type                    
       Location
  Slice of Heaven                         Entertainment           32
Narragansett Avenue
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request valid from June 1 through August 31, 1996, subject to
resolution of taxes and debts. So voted.

3)      One-day license application: 
  Applicant                                       Type                    
       Location
  Quononoquott Garden Club                        Peddlar                
216 East Shore Road
Motion by Councilor Robertson, seconded by Councilor McInnis to grant the
request for June 6, 1996 (rain date June 7), subject to resolution of
taxes and debts. So voted.

4)      New license applications:
  Applicant                                       Type                    
       Location
  Ocean State Scuba, Inc.                 Peddlar                 East
Ferry (Town property)
     "     "                    Sunday Sales                            "
"

Councilor Liberati recused himself from the discussion as the applicant is
his client.
     David Swain (owner/operator): My wife and I own a house and a store
on the island; we have been dealing in kayaks for 7 years through the
store; we have a perfect safety records after hundreds of rentals; they
are environmentally friendly; we are fully insured and have been involved
in many activities conducted on and around State and Town property; we
have been naming the Town as additionally insured for years; our SCUBA
diving record is equally as perfect; opportunity and need have moved us to
our new facility on North Road, resulting in many pros, but transportation
of the kayaks is more of a problem than it was when the shop was located
on Narragansett Avenue; we want to make it convenient and safe to use
kayaks; we propose to lease enough area from the Town to rent kayaks; we
want to use the small beach area adjacent to the boat ramp at East Ferry,
an area about 6' x 16'; we would lock up the units when not attended; an
attendant would arrive each morning with accessories and an easel stating
rental details; we only want to use the beach area, not the grassy area;
boats would be nested together on a small rack and would not be visible
beyond the seawall; our move to North Road has relocated some of the
parking congestion on Narragansett Avenue.
     Councilor McInnis: The zoning officer refused to sign the
application.
     Solicitor: That area is governed by the Harbor Management Commission
(HMC).
     Mr. Paterson: HMC's policy is to only lease out the area north of the
ramp; 20 spaces are allotted each May 15 on a first refusal basis (the
drawing submitted depicts use south of the ramp).
     Councilor Hines: It seems like the same zoning issue as Capt.
Sprague's application.
     Solicitor: The beach area is the jurisdiction of the HMC.
     Ms. Shocket: Shuttling customers and kayaks from his North Road lot
is a business alternative.
     Mr. Swain: That becomes a different insurance issue.

Council consensus: The HMC is the place to start.
     Mr. Swain: In that case, I withdraw my application. Councilor
Liberati: As a matter of policy, peddlar licenses should only deal with
public property; private property is governed by zoning regulations; that
which is beyond the mean high water mark is not governed by either; the
HMC and CRMC regulate that area.

  Applicant                                       Type                    
       Location
  Joyce M. Ferendo                                Peddlar                
East and West Harbor
  dba Second Wind
Ms. Ferendo: We have a 10' boat; we want to go into the harbor to sell
bagels, orange juice and muffins; we would operate from 6:00 AM until Noon
daily; I have spoken to Slice of Heaven and they support the idea; we
would launch daily.
     Council consensus: We have no jurisdiction; no license would be
required.

                EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 10:15 PM.
     So voted.
     Council returned to regular session at 10:52 PM.
     Motion by Councilor McInnis, seconded by Councilor Robertson to seal
the minutes of the executive session to the public. So voted.

              ADJOURNMENT

There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Hines to adjourn at 10:53 PM. So voted.

Attest:



Theresa C. Donovan, CMC
Town Clerk

cc:     Town Council Members (5)
  Town Administrator
  Town Solicitor
  Administrative Circulation