TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  June 10, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:38 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
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Invitation to Jamestown School graduation (06/19/96) and proclamation
Motion by Councilor McInnis, seconded by Councilor Robertson to adopt the
proclamation as presented, declaring the week of June 16, 1996 as
Jamestown Graduates Week.
     So voted.
     (Council President Pease will attend the graduation and present the
proclamation on behalf of Council.)

  CONSENT AGENDA

Councilor Hines requested that item #2 be removed.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the remainder of the consent agenda.
     So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 05/28/96 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Library Board of Trustees (04/16/96)
  b) Zoning Board of Review (04/23/96)
4)   CRMC notices:
  a) Finding of no significant impact: Carroll Pruell (Plat 8, Lot 515;
125 Conanicus Avenue) re: new entry way and install a new bay window
  b) Maintenance Certificate: Dr.
     Medhi Abhedi (Plat 7, Lot 90; 72 East Shore Road) re: to construct
repairs to the failing septic system 

2)   Bills and payroll: Following clarification of several items, motion
by Councilor Hines, seconded by Councilor McInnis to approve item #2.
     So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

Council agreed to enter executive session as scheduled, at the request of
the Administrator to discuss matters of real estate and litigation,
pursuant to RIGL 42-46-5(a), subsections (5) and (2) respectively, and
also at the request of the Solicitor to discuss matters of litigation
(42-46-5(a)(2)).

  PUBLIC HEARINGS

1)   Proposed amendment to Section 4-21: Nuisances -- Noise; damaging
property of the municipal ordinances providing for regulations and fines
for keepers of dogs creating a nuisance:

Council President Pease opened the public hearing opened at 7:43 PM.

Gloria Kurz: I oppose the amendment, as it is broad and overreaching;
Council needs to revisit the ordinance and segregate vicious dogs from
noise problems; you should refer to Section 11-13 as to how it pertains to
noise.

Sydney Waller: I am in favor of the noise ordinance, but not in favor of
pitting neighbor against neighbor, which I think this amendment would do.
     Council President Pease: The intention is to strengthen the existing
ordinance, which is unenforceable as presently written.

Ms. Kurz: Noise is a much more relative matter than vicious; it would be
better to set parameters and to establish a procedure for neighbors to
attempt to resolve disputes privately.
     Councilor McInnis: We cannot mandate people settling problems
privately.
     Solicitor: If someone calls the police about a nuisance dog, it has
gotten to the point where they cannot handle it on their own; we have
tried to prosecute such matters under the existing ordinance and have
failed; this proposal is specific with regards to the number of
complainants required.
     Councilor McInnis: There are specific cases where people have been
bothered to the point of going to court, but we have not been successful
in applying the ordinance.

Ms. Waller: A noise ordinance with specific times identified would be more
appropriate; that makes the owner responsible. (Discussion followed.)

Public hearing was closed at 8:12 PM.
     Motion by Councilor McInnis, seconded by Councilor Hines to amend the
proposal to delete the words "trespassing or" in paragraph (a) and add the
word "repeated" in their place, with a comma after "making other noise".
     So voted.
     Motion by Councilor Hines, seconded by Councilor McInnis to further
amend the proposal to add the words "such public nuisance continues" after
the words "third day" in paragraph (b).
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to adopt
the amendment to Section 4-21 as advertised in The Jamestown Press on May
31, 1996, and as amended by the two preceding votes.
     So voted. The adopted ordinance is as follows:

     Sec. 4-21.     Nuisances -- Noise; damaging property.

     (a)   It shall be unlawful to keep or harbor any dog, whether
licensed or not, whenever it shall be affirmed in writing and signed by
two (2) or more residents of separate dwellings of this Town or by two (2)
or more persons regularly employed in the neighborhood, or such complaint
has been affirmed in writing and signed by one (1) or more residents of
this Town and the complaint has been verified by the animal control
officer that any dog is a habitual nuisance by reason of repeated howling
or barking or making other noise, or being vicious or by its actions
potentially vicious.
     Such keeping or harboring is hereby declared to be a public nuisance.

     (b)   The animal control officer shall serve notice upon the owner or
keeper of the animal that the nuisance must be abated within a period of
three (3) days after the service of the notice.
     After the third day such public nuisance continues, each day shall
constitute a separate offense and a fine of $25.00 per day shall be
imposed.

     (c)   It shall be unlawful to allow or permit any dog to trespass on
private or public property so as to damage or destroy any property or
thing of value.
     Such destruction is hereby declared to be a nuisance and any such
animal may be impounded by the animal control officer.

  OPEN FORUM

1)   Scheduled Requests to Address

B. J. Whitehouse: Fred Brome and I are interested in having a public
fireworks display on Tuesday, July 2; I spoke to the fire and police
chiefs, as well as Council President Pease, and none oppose the proposal;
Mr. Brome works for Telstar Display Fireworks, Inc.; they could put on a
display for 15 to 20 minutes for a cost of $2,000; we are seeking
permission to use the Mackerel Cove town beach, as a safe and adequate
site for launching, parking and viewing; we would conduct a public
fundraising effort from now until then to pay for the display itself, but
this is not a fundraiser event for an organization.

Fred Brome: A 200 foot safety radius is required, which Mackerel Cove
provides; Telstar carries a $1 million insurance policy, with additional
coverage available for the sponsoring entity; Mackerel Cove is a
preferable location to East Ferry because of the boats in the harbor.

Mr. Whitehouse: Fort Getty is a possible location, but is not our first
choice.
     Motion by Councilor Robertson, seconded by Councilor McInnis to grant
the request of Messrs.
     Whitehouse and Brome to use the Mackerel Cove town beach for a
fireworks display on July 2, subject to their obtaining an insurance
certificate naming the Town of Jamestown as insured, and subject to the
state fire marshall's approval.
     So voted.
     Mr. Whitehouse: If we do not raise enough money in time, or if town
officials determine that further requirements must be met and time does
not allow, any funds collected will be reserved toward a display next
year.

Edwin Connelly, Veterans Memorial Square Committee Chair: In accordance
with this Council's resolution dedicating the Veterans Memorial Square, we
are before you with a proposed plan for redesign of the square; (handout
referenced) the six brick areas will memorialize the soldiers of this
country's ten wars; our intention is to remove the clutter and make a
dignified space, paying homage to those who have and continue to serve;
materials will be granite and brick; our fundraising efforts have begun
toward the estimated $20,000 needed; we need Council's permission to go
forward, which will include removing the existing landscaping, moving the
bus stop, etc.; we should begin now. Ms. Shocket: The public works
department can help coordinate.
     Motion by Councilor McInnis, seconded by Councilor Liberati to
approve the overall plan as presented and encourage the Veterans Memorial
Square Committee to go forward implementing and authorize the public works
department to work with Betty Hubbard with machinery, equipment and labor
to institute the landscaping plan.
     So voted.
     Councilor Robertson: The Harbor Management Commission (HMC) should
try to coordinate the East Ferry repairs with this committee.
     Mr. Connelly: Agreed. Ms. Shocket: I will also speak to the HMC
chair; also, there are large underground storage tanks there; their future
needs to be determined.
     Councilor Robertson: They need to be removed in 1998.
     Mr. Connelly: We are aware of that also.

2)   Non-Agenda Requests to Address (none)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report (attached hereto)

2)   Emergency Management Director: Ms. Shocket: I will interview the
three candidates with departing director Martin S. Hellewell next week,
when he becomes available.

3)   Personnel Board: Motion by Councilor Hines, seconded by Councilor
McInnis to appoint Richard F. Bates to the board, term ending December
1998. So voted.

4)   Jamestown liaison to New Visions for Newport County (1 vacancy)
a)   Copy of letter from the Town Clerk to Executive Director, New Visions
for Newport County, Inc. re: duties and responsibilities of Jamestown
liaison
Motion by Councilor McInnis, seconded by Councilor Robertson to advertise
the vacancy. So voted.

5)   Memorandum from Town Clerk re: May 13, 1996 Council minutes
Motion by Councilor McInnis, seconded by Councilor Robertson to amend the
previously approved minutes of Council's May 13, 1996 meeting to reflect
that Council, upon return to public session following executive session,
voted as follows: To approve the waiver of the PILOT for the Jamestown
Housing Authority at least for another 2 years subject to further review
based on their expenses for certain matters brought to Council's
attention. So voted.

  UNFINISHED BUSINESS

(none)

  COMMUNICATIONS

1)   Letter from Save The Bay re: Narragansett Bay Habitat Protection and
Restoration Initiative
Motion by Councilor McInnis, seconded by Councilor Robertson to accept
item #1. So voted.

2)   Copy of letter from Dr.
     and Mrs. F. John Zarlengo to the Director of the RI Department of
Environmental Management re: Mattera property
Councilor Hines: As an "interested party", does the Town have any
position? Solicitor: No; the litigation was between RIDEM, the Matteras
and Zarlengos; with the interested party designation, we get copied, but
we do not have an official position as litigant.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
accept item #2. So voted.

  NEW BUSINESS

1)   Offer to purchase town-owned property (Plat 2, Lots 23 and 24) from
Jon Fredette
Mr. Fredette: I would only like to clean up the dead wood and trees, cut
the grass and trim bushes.
     Councilor Liberati: The Town got the property as a gift; I am not
sure we have the legal authority to sell it; beyond that, the gift appears
to have been for preservation of open space.
     Solicitor: RIGL 45-2-6 says if it was received as a gift, the Town
has no legal authority to sell it.
     Councilor Liberati (to Mr. Fredette): You can write a letter to
Council seeking permission to clean up the lot, if that is your desire.

2)   One-day license applications:

  Applicant            Type        Location    Date
  RI Licensed Beverage Assn. Entertainment  Rembijas Pavilion 07/09/96
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request. So voted.

  Applicant            Type        Location    Date
  Jamestown Village Assn.    Peddlar     East Ferry area   06/29/96

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request, noting that Council has previously approved the use of public
property on April 22, subject to approvals of Town officials. So voted.

  Applicant            Type        Location    Date
  Jamestown Village Assn.    Entertainment  East Ferry area   06/29/96

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request, noting that Council has previously approved the use of public
property on April 22, subject to approvals of Town officials. So voted.

  Applicant            Type        Location    Date
  Jamestown Village Assn.    Victualing     East Ferry area   06/30/96

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the request, noting that Council has previously approved the use of public
property on April 22, subject to approvals of Town officials. So voted.

Fishing from the Jamestown Bridge: Solicitor: The police department has
received several complaints of fishing from the new Jamestown Verrazzano
Bridge, but there is no law prohibiting it; the existing statute prohibits
fishing from the old Jamestown Bridge, but does not address the new one;
we have a mutual aid pact with North Kingstown for response to these
calls, which can sometimes be confused with suicide attempts;if you wanted
to change that, you would have to submit a request to the general
assembly.
     Council consensus: no objection to fishing.
     Council President Pease: The bridge is still not open to any
pedestrian traffic yet, so that much should be enforceable.
     Solicitor: There is no specific statute about that, although
temporary signs prohibiting pedestrians and bicycles are still standing.
     Ms. Shocket: I will contact RIDOT, since it is a state highway.

Sloop Street: Councilor Robertson: There is a section of Sloop Street near
a handicapped child's residence that is in need of repair.
     Mr. Goslee: It is not on the pavement priority list. William Brennan:
Sloop Street can be swapped with Avenue B, which is on the list; the
residents of our street do not want it paved.
     Ms. Shocket: If a letter of all affected residents shows agreement,
we will check it out.

Transfer Station: Councilor McInnis: Is there a trailer at the transfer
station? Mr. Goslee: It is not ours; we are trying to get it out; will
pursue with Solicitor.

Use of School Facilities: Councilor Robertson: When the recreation
department schedules a program at the school, who is responsible for clean
up and secure the building? Ms. Shocket: It depends on the specific event.
Councilor McInnis: There needs to be better communication with the School
Committee. Ms. Shocket: I was unaware of the problem, but will follow up.

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:45 PM.
     So voted.
     Council returned to regular session at 10:18 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 10:19 PM. So voted.

Attest:



Theresa C. Donovan, CMC
Town Clerk

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