TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  April 22, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:34 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
  Thomas P. Tighe, Chief of Police
  Steven J. Goslee, Public Works Director
  Mark Browning, Town Planner
  Arthur J. Christman, Deputy Fire Chief
  Donald T. Armington, Harbor Management Commission Chair
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Request of James G. Pemantell to proclaim May 4, 1996 as "Bill Piva
Day" in honor of William J. Piva, and invitation to opening ceremonies for
the Jamestown Youth Baseball season
Motion by Councilor McInnis, seconded by Councilor Hines to declare May 4,
1996 as Bill Piva Day in Jamestown and to authorize Council President
Pease to present the proclamation during the opening ceremonies. So voted.

2)   Request of Quononoquott Garden Club to proclaim May 13, 1996 as Arbor
Day in Jamestown, and invitation to planting ceremony
Motion by Councilor McInnis, seconded by Councilor Robertson to proclaim
May 13, 1996 as Arbor Day in Jamestown, to adopt the proclamation as
submitted by the Quononoquott Garden Club, and to authorize Council
President Pease to sign the proclamation and present it during the
planting ceremony. So voted.

  CONSENT AGENDA

Councilor McInnis requested that item #2 be removed.
     Councilor Hines requested removal of items #3e, 6 and 7. Motion by
Councilor McInnis, seconded by Councilor Robertson to approve the consent
agenda as amended. So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 04/08/96 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Commerce Committee (04/04/96) 
  b) Fire Department Compensation Committee (03/27/96, 04/01/96, 04/06/96
and 1995 qualifying list)
  c) Harbor Management Commission (03/13/96, 03/18/96 and attendance
record)
  d) Groundwater Quality Study Committee (03/11/96)
4)   Jamestown Ambulance Association re: notice of election of officers
5)   CRMC:
  a) Residential assents:
     i) Craig R. and Gloria G. Callen (Plat 9, Lot 459; 75 Walcott
Avenue); construct residential boating facility
     ii)   Charles A. and Jane E. Masso (Plat 7, Lot 134; 10 Seaview
Drive); construct residential boating facility
  b) Finding of no significant impact: John Pagano (Plat 14, Lot 10; 47
Seaside Drive); replace roof shingles and reconstruct deck
8)   Abatements/Addenda of taxes report of Tax Assessor received April 19,
1996

2)   Bills and payroll: Councilors Hines and McInnis questioned how the
program of CDBG funds for housing improvements is monitored; Ms. Shocket
will follow up.
     Motion by Councilor Hines, seconded by Councilor McInnis to accept
bills and payroll. So voted.

3e)  Copies of Conservation Commission minutes (02/14/95, 03/14/95,
04/11/95, 05/10/95, 07/11/95, 08/08/95, 11/14/95 and 01/09/96)
Councilor Hines: The Commission needs to file its minutes on a more timely
basis.
     Mr. Powell: We will; the delay was due to the illness of one member
and the lack of a secretary.
     Motion by Councilor Hines, seconded by Councilor McInnis to accept
the Conservation Commission's minutes of eight meetings. So voted.

6)   RIDEM/Div.
     of Water Resources' project priority list request for FY 1997:
Councilor Hines: Is this of any significance to us? Ms. Shocket: The
required plan, just to be considered, is cost prohibitive for us.
     Motion by Councilor Hines, seconded by Councilor McInnis to accept
the communication. So voted.

7)   Invitation from the Barrington Town Council re: meeting (05/13/96) on
Policemen's Arbitration Act: Councilor Hines: We have a Council meeting
scheduled, but someone from Jamestown should be there (Clerk instructed to
call and tell them of Jamestown's conflict).
     Motion by Councilor Hines, seconded by Councilor McInnis to accept
the communication. So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

The Administration requested discussion of real estate and personnel; the
Solicitor requested discussion of two matters of litigation; no objection
from Council; as scheduled.

  OPEN FORUM

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address
Donald Richardson: On behalf of the [former] Jamestown Ferry Company
employees and their families, we are requesting permission to place a
graphic design plaque at East Ferry depicting the 294 year history of
ferries in the East Passage of Narragansett Bay; it would be similar to
what is at Beavertail (poster displayed and drawing distributed to
Council); it would be mounted on pretreated posts next to Chief Canonicus
monument; we have 98 names of individuals who support the project and who
are also willing to donate toward it.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the request of Donald Richardson and other former Jamestown Ferry
Company employees to erect this sign as described in the approximate
location as indicated on this drawing, subject to the Public Works
Director's review and approval of the specific site, especially in
consideration of utilities and public works in the area.
     So voted.
     Mr. Richardson: It will be ready for the Ferry Days celebration.

Charlotte Zarlengo: We thank Council for its past support; RIDEM is ready
to make a final decision on the Mattera ISDS variance application; we are
asking Council to take strong action in the form of new or reaffirmed
resolution asking RIDEM not to allow variances on properties; the weep
holes are still a part of the plan and they do not have an alternate
system; the wetlands violations are still there; a new system requires a
larger area and encroaches further on the wetlands; the proximity to the
beach and wetlands are of concern to everyone.
     Motion by Councilor McInnis, seconded by Councilor Hines ask the
Solicitor to write to RIDEM reaffirming Council's position of opposition
to the granting of any variances on site in Jamestown, and specifically
the Mattera property. So voted.

Adolphe Salaun: Who owns the house on the north side of the country club?
Council members indicated it was private property owned by the Mistowskis.
     Mr. Salaun: The property is a mess; it is the first house seen when
someone comes to Jamestown.

Mr. Powell: I spoke to the water supply management division of RIDEM;
representatives will probably come in May and discuss various conservation
scenarios.
     Council consensus: Invite them to the May 20 Water and Sewer
Commissioners meeting.
     Mr. Powell: Also, according to former Planner Lisa Pointek and the
buildout analysis, 473 additional water hook ups are possible without
subdivision, even more with.
     Council consensus: Ms. Shocket is to consult with the Town Planner
for a firmer figure; discussion is on the next Water and Sewer agenda
already.

Gertrude DeSoito: Is there a law about old beat up cars? Council: Zoning
allows for one unregistered vehicle; speak to the Building Official about
violations and enforcement.

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report (attached hereto)
Additionally:
Planning Commission's memorandum re: proposed zoning ordinance amendments:
The Solicitor was instructed to draft amendments for Council review on May
13, including the remaining two items to be considered by the Planning
Commission on May 1.

Police Computer Bid: Ms. Shocket: Chief Tighe, Lieutenant Balzer and I met
with the apparent low bidder today; the bid is for $14,114, to which we
will add $774 to replace cable, for a total of $14,888.
     Motion by Councilor McInnis, seconded by Councilor Robertson to award
the bid to C. R. Bardsley Assoc., Inc. for $14,114, plus $774 for
replacement cable, subject to conformity with the bid specifications and
approval by the Chief of Police. So voted.

Harbor Management Commission's (HMC) proposal to hire Siegmund and
Associates for East Ferry improvements/repair design: Councilor McInnis:
Is the intent of the HMC to do the design work for a proposal which will
go to the Council and the public, which will only involve repairs to the
steel pier, extension thereof and associated work? Council President
Pease: Correct, plus repairs to the steel sheeting around the south side
Veterans Memorial Square area.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve HMC's request for selection of Siegmund and Associates, Inc. to
design an East Ferry repair/improvement project to include the repair of
the steel pier, the extension into either a "T" or an "L" configuration at
the end, the repair of the inboard steel sheeting and associated
facilities on the pier itself for the approximate budget of $64,000 to be
paid from the marine development fund.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.

Jamestown Housing Authority PILOT: Councilor Liberati: During substantial
renovations, the Housing Authority was granted a waiver considering lost
rental income, with the understanding that once completed, the rentals
would stabilize and their budget would be resumed; Pemberton Apartments
should be fully occupied by now and their budget should include a payment
in lieu of taxes (PILOT) to the Town.
     Motion by Councilor McInnis, seconded by Councilor Liberati to send a
letter to the Jamestown Housing Authority indicating that the grace period
for waiver of the PILOT has expired and requesting the status of the
PILOT, with their response for Council's May 13 meeting. So voted.

Road Conditions: Councilor Robertson: Beacon Avenue needs attention,
especially with regard to drainage.
     Mr. Goslee: I will look at it; I will also have the priority list for
Council's next agenda.

2)   Library Board of Trustees: acceptance of letters of resignation
Motion by Councilor Hines, seconded by Councilor McInnis to accept the
resignations of William Bricker and Rosemary Bashaw with regrets.
     [Replacements were appointed at prior meetings.] So voted.

3)   Board of Canvassers: Council President Pease nominated William
Sprague as the Republican alternate (term ending March 1999), F. Gavin
Fitzgerald as a full member fulfilling the unexpired term of Phyllis M.
Tiexiera (term ending March 2001) and Alcina Blair as Democratic alternate
(term ending March 1997).
     Motion by Councilor McInnis, seconded by Councilor Hines to support
Council President Pease's nominations. So voted. 

4)   Golf Course Study Committee: Motion by Councilor McInnis, seconded by
Councilor Robertson to appoint Robert J. Holmes. So voted. Motion by
Councilor Robertson, seconded by Councilor McInnis to appoint William H.
Murphy.
     So voted.
     Motion by Councilor Hines, seconded by Councilor McInnis to appoint
Dale M. Buckey. So voted. Motion by Councilor McInnis, seconded by
Councilor Robertson to expand the committee to include two additional
public members for a total of five.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
appoint Paul McDermott.
     So voted.
     Motion by Councilor Liberati, seconded by Councilor Robertson to
appoint James R. Bryer, Jr.. So voted. Motion by Councilor McInnis,
seconded by Councilor Robertson to appoint Anthony Faria as representative
of the Conservation Commission.
     So voted.
     Motion by Councilor Robertson, seconded by Councilor Liberati to
appoint Councilors McInnis and Hines as Council representatives.
     So voted.
     The Clerk was instructed to notify all parties of the inaugural
meeting on Monday, May 6 at 7:30 PM at Town Hall.

5)   Personnel Board: Motion by Councilor Hines, seconded by Councilor
McInnis to advertise two vacancies.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
accept Betty Kinder's resignation with regrets. So voted.

6)   Jamestown representative to New Visions of Newport County: Motion by
Councilor McInnis, seconded by Councilor Robertson to accept Gary P.
Cournoyer's resignation and to advertise the vacancy.
     So voted.
     The Clerk was instructed to obtain more information from New Visions
for Council's consideration before appointing a replacement
representative.

7)   Summary and report of Town Planner re: 1996 Community Development
Block Grant proposal: Councilor McInnis questioned the East Bay Economic
Initiative.
     Mr. Browning: The rationale for its inclusion is that it will create
jobs for this geographic area.
     Councilor Liberati: It is an economic collaborative that is good for
the entire region.
     (Discussion followed.) Motion by Councilor McInnis, seconded by
Councilor Robertson to endorse the list as submitted by the Town Planner,
to authorize a resolution in the form presented and to authorize the
Administrator to sign said resolution. So voted.

8)   Funding request from Groundwater Quality Study Committee (GQSC):
Councilor Liberati: The committee came to the Water and Sewer Commission
requesting money, and were referred to the Water Study Committee (WSC); as
chair of that committee, the WSC felt it would supplement studies being
done by the WSC, and unanimously endorsed their proposal; GQCS' proposed
study would be of general benefit to Jamestowners, but especially those on
wells, so the funding request is more appropriately before Council instead
of the Water and Sewer Commissioners.
     Motion by Councilor Hines, seconded by Councilor Liberati to approve
the amount of GQSC's request, not to exceed $8,000, to be drawn from the
incidentals and emergencies account. So voted.

  UNFINISHED BUSINESS

1)   Elderly Tax Exemption/Deferral Plan: Councilor McInnis: (handout
distributed) I obtained the federal poverty guidelines; will work with
Solicitor to redefine a draft including these guidelines.
     Consensus: continue to May 13.

2)   Memorandum from Town Clerk re: skateboarding/rollerblading: Chief
Tighe: Town ordinance and State law do not allow them on sidewalks or
roads.
     Councilor McInnis: The Solicitor's opinion was that State law clearly
prohibited these activities on streets, but our local ordinance was not as
clear with regard to sidewalks; Council consensus last year seemed to be
amend the local ordinance (18-2) to allow rollerblading on sidewalks in a
safe manner.
     Solicitor: Rollerblading and skateboarding are regarded as two
different issues; skateboards could be considered a vehicle, which 18-2
prohibits.
     Chief Tighe: We use that ordinance more for skateboards than
rollerblades.
     Council consensus: Skateboards are prohibited on roads and sidewalks;
inline skates are prohibited on roads, but not sidewalks, as long as they
are used in a safe manner; Clerk is to respond to Robert Nordstrom and
Daniel Delagara, who originally addressed the Council on October 11, 1994.

  COMMUNICATIONS

1)   Letter from Beth Weibust, Odyssey of the Mind Coordinator re: request
for contribution: Motion by Councilor McInnis, seconded by Councilor Hines
to contribute $1,000 to the program, from the incidentals and emergencies
account. So voted.

2)   Letter from Charlotte Zarlengo re: Mattera property (previously
addressed)

  NEW BUSINESS

1)   Request of the Jamestown Village Association to use the East Ferry
area and the Community Center re: Jamestown Ferry Days (06/29/96 &
06/30/96)
Motion by Councilor Robertson, seconded by Councilor Hines to grant the
request as detailed in JVA's letter of April 8, conditional upon
coordination with the Recreation Department. So voted.

2)   Proposed joint pole location request from New England Telephone and
Telegraph Company and Newport Electric Corporation re: Pemberton Avenue
Motion by Councilor McInnis, seconded by Councilor Hines to approve the
request subject to review and approval of the Public Works Director.
     So voted.

3)   Letter from Dutch Harbor Boat Yard, Inc. requesting renewal of West
Ferry lease
Mr. Shocket: The Town entered into this lease on July 27, 1987, and it was
extended for 5 years in 1992.
     Mr. Armington: They paid $13,540 last year; the receipts for East
Ferry total $14,000 per year currently; the lease for West Ferry is for
surface use, while East Ferry's lease is for access to the slips.
     Motion by Councilor Hines, seconded by Councilor Liberati to
establish a lease negotiating committee consisting of the Town
Administrator, two representatives of the Harbor Management Commission,
two Council members and the Town Planner.
     So voted by 4 in favor, none opposed and Councilor McInnis
abstaining.
     By consensus, Councilors Hines and Liberati will serve on the
committee.

4)   Letter from Edwin W. Connelly, Vice Commander, VFW Post 9447
requesting a Council representative for their newly formed Veterans
Memorial Square Committee
Motion by Councilor McInnis, seconded by Councilor Liberati that Councilor
Robertson will serve on the committee. So voted.

5)   License renewal application:
  Applicant            Type           Location
  Secret Garden        Sunday Sales         12 Southwest Avenue
Motion by Councilor McInnis, seconded by Councilor Robertson to grant the
renewal, subject to resolution of taxes and debts.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.

6)   One-day license applications: 
  Applicant         Type        Location          Date
  Irene Newsham     Entertainment  Rembijas Pavilion       05/19/96
Motion by Councilor McInnis, seconded by Councilor Robertson to grant the
request. So voted.

  Applicant         Type        Location          Date
  Jamestown PTO     Bingo*      Melrose Avenue School      04/26/96
  * (requests waiver of permit fee)
Motion by Councilor McInnis, seconded by Councilor Robertson to grant the
request, subject to obtaining the signatures of appropriate officials, and
to waive the fee. So voted.

7)   New license applications:
  Applicant            Type           Location
  Benjamin Marine         Victualing        47 Conanicus Avenue
  dba Rainbow Waterice                (Unit 4)
Motion by Councilor McInnis, seconded by Councilor Robertson to grant the
request, subject to resolution of taxes and debts. So voted.

Insurance Coverage: Ms. Shocket: Obtaining a TULIP rider from the RI
Interlocal Risk Management Trust would add $50 to $100 to the rental cost
of the Rembijas Pavilion by the public; we already require insurance from
for-profit groups using the community center, but private parties at the
pavilion leave us vulnerable.
     Consensus: Ms. Shocket is to check into a blanket policy for costs
comparisons.

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:36 PM.
     So voted.
     Council returned to regular session at 11:06 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 11:07 PM. So voted.

Attest:



Theresa C. Donovan, CMC
Town Clerk

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