TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  May 13, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:35 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
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

Council President Pease administered the oath of office to Ronald J.
Marcos and Joseph P. Razza as permanent police officers, as recommended by
Chief Tighe and affirmed by Ms. Shocket.

Council President Pease presented certificates of appreciation to Sergeant
John J. Dube, Officers Angela M. Benedetti and Joseph P. Razza and
Dispatcher Henry D. Suzzi for participation in the National Police Week
Parade in Newport on May 5, 1996.

  CONSENT AGENDA

Councilor Hines requested items #2 and 5a be removed.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
accept the consent agenda as amended.
     So voted. The amended consent agenda consisted of:
1)      Adoption of Council minutes: 04/22/96 (regular meeting)
3)      Copies of minutes of Boards and Committees
  a)      Harbor Management Commission (04/10/96)
  b)      Zoning Board of Review (02/27/96)
  c)      Library Board of Trustees (02/20/96 & 03/19/96)
4)      Copies of letters from Kenneth J. Froberg to maritime academies
inviting their harbor tugs to Jamestown (see Communications)
5)      Resolutions from other municipalities
  b)      City of Pawtucket re: alcoholic beverages--retail licenses at
convenience stores
6)      RIDEM notice of insignificant alteration/permit: Town of
Jamestown, Conservation Commission (Plat 7, Lot 4) re: proposed walking
trail improvements and boardwalks
7)      RIDEM/Div.
     of Groundwater and ISDS re: proposed amendments to DEM "Rules and
Regulations for Groundwater Quality" (excerpts to Council; full document
on file in Town Clerk's office for public reference)
8)      Letter of thanks from Odyssey of the Mind students      
9)      Abatements/Addenda of taxes report of Tax Assessor received May 9,
1996

2)      Bills and payroll: Following clarification of several items by Ms.
Shocket, Ms. Donovan and Mr. Goslee, motion by Councilor McInnis, seconded
by Councilor Hines to approve bills and payroll. So voted.

5a)     Resolution from Town of Middletown re: expansion and improvements
at McCoy Stadium: Councilor Hines: The resolution indicates state funding
is available to fund the improvements without resulting in a tax burden to
citizens; if that kind of funding is available, we should know about it.
     Ms. Shocket volunteered to call Middletown's Town Manager. Motion by
Councilor McInnis, seconded by Councilor Hines to approve receipt of the
resolution. So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

1)      Solicitor: Five matters of litigation and one of real estate
2)      Administrator: Two matters of personnel

  OPEN FORUM

1)      Scheduled Requests to Address
Ernest Anthony (Jamestown Housing Authority Chair): We are requesting
waiver of this year's payment to the Town in lieu of taxes (PILOT), and
would like consideration of next year's pilot and perhaps the following
year; we have financial expenses we did not expect, the exact amount has
not yet been determined; most of our funds come from rents, which are
subsidized by about $42,000 per year; this year's PILOT payment should be
around $4,180.
     Councilor Liberati: Your last waiver request dealt with extensive
renovations and the resulting vacant units; the PILOT should be budgeted;
now that the renovations have been completed, the PILOT should be funded.
     Mr. Anthony: There has been a court judgement against the Authority,
which was not budgeted; paying the PILOT will take away from other things
needed to be done; we did budget the PILOT this year, but have been
notified we will be responsible for approximately $8,000 in court
judgement.
     Solicitor: I have been in contact with Helen Andrade's (plaintiff)
attorney; he said they will not appeal the most recent ruling, so we will
know within a couple weeks what the interest computation will be; the
judgement was against three entities, two of whom have died, leaving the
Jamestown Housing Authority; we can discuss this further in executive
session.
     Council consensus: discuss during executive session, then vote on
waiver of the PILOT upon return to open session.

Mitchell Thurman (Newport Electric Corporation) and Paul Vieira (Jamestown
Tree Warden): Mr. Thurman: NEC is planning tree removal and replacement on
Narragansett Avenue; the trees on the north side of Narragansett Avenue,
as it runs west from Southwest Avenue to West Ferry, are decayed and
aging; the power lines coming from the Clarke Street station come through
this area and connect 2/3 of the Town's power supply; weakened trees
threaten the lines during storms; a downed line could cause a major power
interruption; I contacted Mr. Vieira to inspect these trees and he agreed
they should be replaced; Ms. Shocket and Mr. Goslee walked with us to
examine them; NEC will pay to take the trees down and offer $1,500 toward
replanting the street; our cost is almost $8,000; additionally, we will
need a stump remover, so we need the Town to share costs; we estimate a
maximum of $2,100 for that, as well as removal of some stumps on Howland
Avenue; we do this with Middletown, Portsmouth and Newport; all of the
designated trees are within the public right of way of the state road;
when completed, we want to continue this on other roads where the trees
are dead and covered with vines.
     Councilor Liberati: Would you be willing to attend public
informational sessions with the Planning and/or Conservation Commissions?
Mr. Thurman: Yes, but we want to get started by June; I will call the Town
Planner tomorrow morning to make arrangements.
     Council President Pease: In your experience, has there been a problem
with town's granting permission for tree removal on state roads? Mr.
Thurman: No.
     Council President Pease: Every tree needs to be publicly identified
by marks and mapping.

Matthew Largess: Jamestown has some of the rarest trees in North America;
I am a tree steward and arborist, and am willing to donate time to our
community by mapping all of the trees in Town; I am willing to work with
all involved; Norma Willis is on the board of directors of the Urban Tree
Council; we would like to start a tree committee, separate from the
conservation commission, to help advise people on their trees; before we
cut anything, we need to do the planning and mapping; we need a committee
to help Messrs.
     Vieira and Thurman; NEC is an award winning utility company for its
planting and replacement program.

Councilor McInnis: The Planning Commission should conduct a special
meeting and invite Mr. Largess and Ms. Willis (both present). Motion by
Councilor McInnis, seconded by Councilor Robertson to ask Mr. Largess and
Ms. Willis to assist the Planning Commission, and to ask the Planning
Commission to conduct a special meeting to consider and publicize NEC's
request, and that the trees intended for removal should be marked.
     Anthony Travisono of the Planning Commission was present and
indicated he would convey Council's request to the Commission during its
May 16 meeting.

Mr. Vieira: I support the proposal and would like to participate; I spoke
with some of the neighbors already.

Mr. Powell: We should also know what kinds of chemicals would be used for
vine removal and control.

Craig Amerigian: One of the most attractive things about those trees is
the canopy they form over the road; if cherry trees are planted, we will
never have a canopy again; that may make the power company's job easier,
but the people of this community are more concerned with aesthetics.
     Councilor McInnis: We would rather NEC pay for the stumping and we
will pay for and choose our own trees.
     Mr. Thurman: No tree can be legally planted that will result in that
canopy; maximum matured height should be 30 - 35'.

Mr. Travisono: Should the Planning Commission confine its discussion to
Narragansett Avenue only? Councilor McInnis: Yes, for time constraints.
     Mr. Travisono: A short response would indicate an emergency, not
planning.
     Council President Pease: Perhaps the Commission could help prioritize
the trees involved. There being no further discussion, motion so voted.

USPIRG/Sierra Club re: canvassing schedule: no one present

2)      Non-Agenda Requests to Address

: (none)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)      Town Administrator's report (attached hereto); additionally:
Fire Department: Motion by Councilor McInnis, seconded by Councilor
Liberati to approve the sale of "old" Engine 3 for $30,000 in accordance
with the terms of an agreement with the East Greenwich Fire District, to
authorize Council President Pease to sign the bill of sale on behalf of
the town, and the check shall be made payable to the Town of Jamestown.
     Lieutenant Richard Wing: They took the truck to be inspected as a
condition of the agreement; it should pass.
     Deputy Chief Prescott Froberg: They are pleased with the truck; we
solicited half the country for a buyer.
     Lt.
     Wing: An independent survey appraised it at $43,000; we marketed it
at $40,000, but with no response; this is the best offer received; making
this payment toward our loan will reduce the debt and save interest.
     Deputy Chief Joseph Tiexiera: At our recent annual meeting, it was
the vote of all members to sell it for $30,000 upon Council's approval.
     Councilor McInnis: The Solicitor is to draft a bill of sale for the
equipment as is. Motion so voted.

Gasoline Tank: Motion by Councilor McInnis, seconded by Councilor Liberati
to approve awarding the contract for a gas tank to United Concrete as low
bidder in the amount of $26,250, subject to approval by the Town
Administrator and Public Works Director, and compliance with the bid
specifications. So voted.

Proposed parking ordinance amendment: Ms. Shocket: There was a parking
committee that reviewed the entire parking ordinance 3 years ago and made
recommendations; Council advertised and held a public hearing before
amending; extensive amendments were made at that time; the loading zone
proposal makes sense and seems reasonable, but changing the dockside area
from a two-hour limit to eight hours would inhibit the turnover of the
business and harbor area.
     Motion by Councilor McInnis, seconded by Councilor Liberati to
advertise an amendment to the parking ordinance to provide a 15-minute
parking/loading zone area as defined by the hatched area of a map provided
by the Harbor Management Commission (HMC), extending that hatched area
west to the lamp post, but providing for handicapped access.
     So voted.
     Council directed the Solicitor to draft the amendment and forward to
the Clerk for advertisement, with a hearing date to be announced; Clerk
was directed to bill the HMC for advertising costs.

Public Transportation: Motion by Councilor McInnis, seconded by Councilor
Robertson to ask Ms. Shocket to write to RIPTA regarding the announced
reduction in service to Jamestown, advising them that the cut results in a
hardship on residents and asking them to restore service to its former
level. So voted.

2)      Board of Canvassers: Council President Pease nominated Judith
DiGiorgio as alternate to the Board of Canvassers replacing Alcina Blair,
who declined appointment, term ending March 2001.
     Nomination seconded by Councilor McInnis. So voted.

3)      Solicitor re: draft zoning ordinance revisions (letter distributed
to Council, Clerk and Administrator): Motion by Councilor McInnis,
seconded by Councilor Hines that Council not reconsider beyond what is
currently allowed by the zoning ordinance regarding bed and breakfast
establishments ("B & B").
     Councilor Robertson: I see no difference between a seasonal rental
and B & Bs except that B & Bs have more restrictions placed on them; I do
not agree with the theory; I also have trouble with the Planning
Commission's recommendations wherein they reverse themselves completely
from their recommendations of just six months ago.
     Council President Pease: We do not have a flood of requests; I would
be concerned about the effect on property values if all residences were
allowed to be marketed as potential B & Bs, and then people found that
that enterprise was not feasible.
     Motion so voted by four in favor, Councilor Robertson opposed.

Motion by Councilor McInnis, seconded by Councilor Hines that, based upon
the Planning Commission's recommendations, Council not rezone Plat 9, Lot
201 and not reconsider its position.
     Councilor Robertson: For as long as I have known that property, I
have never known the difference of one portion of the property to another;
it had once been all zoned commercial, and had been taxed as all
commercial.
     Councilor McInnis: I did wonder how this property could have been
merged if it was two different zoning districts.
     Solicitor: I cannot answer that.
     Councilor McInnis: Theoretically, should it still be considered two
lots to accommodate the two zones? Solicitor: I recommend Council wait on
this issue for further executive session discussion.
     Councilors McInnis, Hines and Liberati noted their disagreement and
discussion ensued.
     Motion so voted by four in favor, Councilor Robertson opposed.

Mr. Powell: Regarding the proposal for two open space zones, the
Conservation Commission can provide maps to Council for consideration.
     Motion by Councilor Hines, seconded by Councilor McInnis to table
consideration of proposed zoning ordinance revisions regarding open space,
front setbacks in the R-8 zone, modifications authorized by the zoning
officer, references to surveyors, and underground propane tanks.
     So voted.
     Mr. Powell will submit the proffered open space maps to the
Administrator, and she will ask Fire Chief Christman to attend the next
Council meeting (May 28) regarding the propane tanks issue.

  UNFINISHED BUSINESS

1)      Elderly Tax Exemption/Deferral Plan: Councilor McInnis: The plan
distributed in Council's packet maintains the same exemption structure for
those with income of $10,000 or less, and provides a tax deferral plan for
those with income over $10,000.
     Councilor Liberati: Regarding Section 7-31.6, reword the second
sentence to read "Such persons, considered together, must meet the
eligibility requirements of this Article, excepting in the case of
property owned by a husband and wife, in which case the property shall be
eligible for exemption or deferral so long as one (1) of the spouses is
sixty-five (65) years of age or older, so long as the income of both
spouses together meets the requirements of this Article." Motion by
Councilor McInnis, seconded by Councilor Robertson to approve advertising
of the proposed ordinance amendment with these changes after approval of
enabling legislation by the General Assembly.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to send
a resolution supporting this amendment to Jamestown's legislators
immediately for action during this session.
     So voted.
     Councilor McInnis will revise the draft and fax it to the Clerk and
Solicitor; the Solicitor will submit same to Senator M. Teresa Paiva-Weed
and Representative Mary E. Levesque.

  COMMUNICATIONS

1)      Copies of grievances from the International Brotherhood of Police
Officers, Jamestown Local 305 re: Sgt.
     Frank Watson, Officer Clarke Westall and Lt. Paul B. Balzer
5)      Letter from the Newport County Development Council re: East Bay
Economic Initiative
Motion by Councilor McInnis, seconded by Councilor Robertson to receive
items #1 and 5. So voted.

2)      Letter from Mary Everett Matteson re: condition of Jamestown Town
Office sign: Motion by Councilor McInnis, seconded by Councilor Robertson
to approve payment of $450 to Mary Everett Matteson to replace the sign at
the Town Offices. So voted.

3)      Letter from Bob Barber re: Hammett Court property: Motion by
Councilor McInnis, seconded by Councilor Hines to ask the Solicitor to
reply to Mr. Barber, informing him that the Building/Zoning Official's
notice of violation regarding the storage of recreational vehicles on the
property in question is on appeal, and will be heard by the Zoning Board
of Review on May 28, and that is why Council and/or the Building/Zoning
Official cannot act further until after that appeal is heard. So voted.

4)      Letter from the Jamestown Village Association re: lighting in the
East Ferry area: Ms. Shocket: The lights are old and corroded by salt
water.
     Mr. Goslee: The lighting needs different cable material. Ms. Shocket:
That may be incorporated into any East Ferry rehabilitation undertaken by
the Town; if that does not happen, then it could be included in the next
budget.
     Motion by Councilor McInnis, seconded by Councilor Hines that the
Clerk respond to that effect. So voted.

6)      Letter from Clifton R. Largess, President, Friends of the
Jamestown Seniors, Inc. re: resignation of Donald Gillis as manager of the
Jamestown Meal Site: Ms. Shocket: The Friends organization is now the
employer, not West Bay Community Action; we still get some pass-through
money.
     Councilor Hines: Can we get away with just one person? Councilor
McInnis: No, it is essential to replace him.
     Ms. Shocket: The Town provides money; it is up to the Friends to use
it for appropriate staffing.
     Motion by Councilor Hines, seconded by Councilor McInnis to accept
the communication. So voted.

7)      Letter from Don Minto requesting permission to have 4 licensed
dogs at Watson Farm (as an exception to Jamestown ordinance 4-14): Motion
by Councilor McInnis, seconded by Councilor Robertson to approve the
request of Don Minto to keep four licensed, working border collies, given
the nature of the Watson Farm and its operations. So voted.

Consent Agenda #4): Copies of letters from Kenneth J. Froberg to maritime
academies inviting their harbor tugs to Jamestown: Motion by Councilor
McInnis, seconded by Councilor Robertson to accept the letters, so long as
the activities described are at no cost or obligation to the Town.
     So voted.

  NEW BUSINESS

1)      Proposed joint pole location request from New England Telephone
and Telegraph Company and Newport Electric Corporation re: corner of
Arnold Avenue and Pemberton Avenue: Mr. Goslee: This will serve a new
house on Arnold Avenue.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the request, subject to review and supervision of the Public Works
Director. So voted.

2)      License transfer applications:
  Applicant                               Type                    Location
  Spinnakers Cafe, Inc.                   Victualing              3 Ferry
Wharf
     "           Victualing     Mobile unit at East Ferry
     "           Peddlar           "
     TO                                                                   
  
  David and Joanne Sullivan
   dba Spinnakers Cafe
Motion by Councilor Hines, seconded by Councilor Robertson to approve the
transfer of all three licenses, subject to resolution of taxes and debts
and approvals by appropriate officials.
     So voted by four in favor, none opposed and Councilor Liberati
abstaining.

3)      One-day license applications:
  Applicant                               Type            Location        
       Date
  Central Baptist Church                  Peddlar*        99 Narragansett
Ave.    5/27/96 & 6/22/96
*requests waiver of fee
Motion by Councilor Robertson, seconded by Councilor Hines to approve the
request for both days, and to waive the fees, subject to approvals by
appropriate officials. So voted.

  Applicant                               Type            Location        
       Date
  Jamestown Junior Women's Club   Peddlar         29 Narragansett Ave.
        05/27/96
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the request subject to approvals by appropriate officials. So voted.

  Applicant                               Type            Location        
       Date
  Jacobson & Lisi Wedding         Entertainment   Rembijas Pavilion      
6/01/96
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request, subject to approvals by appropriate officials.
     Councilor Hines: Has the insurance issue been resolved? Ms. Shocket:
We are looking into the difference between raising our coverage versus
requiring the applicant to purchase a tenant user liability insurance
program (TULIP); we should probably consider raising our limit from $1
million to $2 million. Motion so voted.

  Applicant                               Type            Location        
       Date
  Susan Moberg                            Entertainment   Rembijas
Pavilion       5/26/96
Motion by Councilor Robertson, seconded by Councilor Hines to approve the
request subject to approvals by appropriate officials. So voted.

Animal Control: (Solicitor distributed copy of nuisance dog ordinance,
with proposed amendment) Solicitor: The police have asked that Section
4-21 be reworded, as it is unenforceable as written.
     Motion by Councilor Robertson, seconded by Councilor McInnis to
advertise the proposed amendment for public hearing on June 10. So voted.

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:54 PM.
     So voted.
     Council returned to regular session at 11:21 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 11:22 PM. So voted.

Attest:



Theresa C. Donovan, CMC
Town Clerk

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