August 13, 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, Fire Chief
  Donald T. Armington, Harbor Management Commission Chair
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor


1)   Public Hearing:
  a) Transfer application: 

  CLASS B-Victualer
  Double Eagle Restaurant and Pub, Inc.
  dba The Islander Restaurant
  40 Narragansett Avenue

  IslanDish Ltd.
  dba Chopmist Charlie's
  40 Narragansett Avenue  

  b) New application:

  CLASS B-Victualer
  IslanDish Ltd.
  dba Chopmist Charlie's
  40 Narragansett Avenue  

Council President Pease opened the public hearing on both matters at 7:39

John A. Murphy, Esq.: I am representing IslanDish, Ltd., which is a
corporation operated by Charles T. and Patricia A. Masso; they are
acquiring the assets of Double Eagle Restaurant and Pub and are seeking
the transfer of the Class BV liquor license at 40 Narragansett Avenue; all
documents received by the Town Clerk are in order; an alleged creditor
(TCI Cablevision of New England/Heritage Cable) of Double Eagle and its
principal indicated a claim against them for cable service provided to the
Islander Restaurant; the amount is disputed; no judgement has yet been
entered against them (RIGL 3-5-19 quoted).

Robert Long was sworn in by Ms. Donovan; under questioning by Mr. Murphy,
Mr. Long stated he was aware of the claim, that the amount was disputed
and had been continuously so, and that he was not making a statement now
to influence the public hearing one way or another.
     Responding to questioning by Councilor Liberati, Mr. Long stated he
was a customer of TCI Cablevision when he owned the restaurant, but is no

John Cotter, Esq. (representing Mr. Long): I have heard and agree with my
client's statement; at the time he was sued, Mr. Long did not have
counsel; we will do everything possible to dispute it; we will file a
motion to vacate.
     Councilor Liberati: A business dispute would bother me less than
illegal interception of signal.
     Mr. Murphy: The relationship was between Mr. Long and TCI, not the
corporation; the Massos have established a relationship with TCI and they
are happy to continue to provide service to the Massos at this location;
until judgement is entered, it would be unfair to prevent the transfer;
the issue will be where the assets of the transfer will go.
     Councilor Liberati: The debtor asserts his position under oath, which
takes the burden off the Council.
     Council President Pease: Regardless of the outcome, will it affect
the license or be cause for revocation? The Solicitor, Mr. Murphy and Mr.
Cotter responded in the negative; it would not affect the license.

There being no one else wishing to be heard for or against the
application, the public hearing was closed at 7:50 PM.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the transfer of the Class B-Victualer license held by Double Eagle
Restaurant and Pub, Inc. doing business as The Islander Restaurant at 40
Narragansett Avenue to Islandish, Ltd. doing business as Chopmist
Charlie's at the same location, based upon Mr. Long's statement under oath
that the claim of TCI Cablevision is disputed. So voted.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the issuance of a Class B-Victualer license to IslanDish, Ltd. doing
business as Chopmist Charlie's at 40 Narragansett Avenue for the remainder
of the license year, expiring December 1, 1996. So voted.


Councilor Hines requested that items #1 and 3e be removed.
     Councilor McInnis asked 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:
3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (04/30/96 & 06/25/96)
  b) Library Board of Trustees (06/18/96)
  c) Planning Commission (03/20/96, 04/03/96, 04/17/96, 05/01/96,
05/15/96, 06/19/96 & 07/17/96)
  d) Housing Authority Board of Commissioners (06/12/96)
4)   CRMC findings of no significant impact:
  a) Town of Jamestown (Plat 10, Lot 36; Fort Wetherill boat basis) re: to
replace damaged pilings
  b) Varoujan Karentz (Plat 12, Lot 86; 2 Clark Village Lane) to enclose
an existing 2nd-floor deck with solarium
  c) Town of Jamestown (Plat 9, Lot 355; Conanicus Avenue) re: to repair
seawall at south apron with armor stone
5)   Abatements/Addenda of taxes report of Tax Assessor received 08/06/96

1)   Adoption of Council minutes: 07/22/96 (regular meeting): Councilor
Hines: On page 4, there is discussion and vote on the liability insurance
requirement we imposed on Narragansett Water Pollution Control as a
condition of the Class F license issued to them for use at the Rembijas
Pavilion; how does this interface with getting liability coverage through
the RI Interlocal Risk Management Trust? Ms. Shocket: We are insured for
$1 million which is the Town cap; regarding the sale of liquor, we could
be held liable for more; I am trying to find the money to pay for the
addition premium that would be needed to boost our coverage to $2 million;
Council should still require Class F licensees provide proof of coverage
even when/if we are covered for $2 million.
     Councilor McInnis: There is a difference between those who are
serving alcohol to their invited guests and those who are licensed to sell
     Ms. Shocket: Council can require insurance for Class F applicants.
Councilor McInnis: I thought if a person had homeowners insurance, that
policy would cover any claims, but if they obtained a license, their
homeowners policy probably would not cover claims.
     Ms. Shocket: We need to make a distinction of who the responsible
party is; there is no supervision by Town staff during functions at that
     Councilor Liberati: We need a written letter from the Trust as to
whether or not this is covered since we do not get a policy.
     Councilor Hines: To summarize our understanding, if a pavilion renter
is serving or giving away alcohol, our insurance covers it; if we issue a
license, we require them to provide proof of insurance at their expense;
that needs to be clarified with the Trust.
     Councilor Liberati: We also want a copy of the Town's contract of
coverage. Ms. Shocket: Will do.

2)   Bills and payroll: Fire Chief Christman clarified a question
Councilor McInnis had on a fire department bill.

3e)  Minutes of Harbor Management Commission meeting (07/10/96): Councilor
Hines requested clarification of discussion of the steel pier on page 2.
Ms. Shocket: They are replacing steel sheeting, not the steel pier in its

Motion by Councilor McInnis, seconded by Councilor Hines to approve items
#1, 2 and 3e of the consent agenda. So voted.


1)   Administrator: real estate pursuant to RIGL 42-26-5(a)(5); noted; no
objection from Council.


1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address

Mr. Murphy: Representing the Jamestown Lions Club, they are conducting
their annual Septemberfest on September 15; they are requesting permission
to hang a banner from the Bay View Condominiums to the hardware store area
for two weekends prior to the event.
     Ms. Shocket: They need to obtain permission from private property
owners; Newport Electric Company will no long allow use of their poles;
the Club must obtain a permit from the Building/Zoning Official for the
sign, and must obtain permission from me for use of the tree, if used as
an anchor, since it is Town property.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve display of the banner from September 1 through 15, 1996 across
Narragansett Avenue near its intersection with Conanicus Avenue, subject
to obtaining the necessary permits and permission of property owners.
     So voted.


1)   Town Administrator's Report (attached hereto)
(Discussion regarding Communication #3 with Mr. Goslee for clarification;
no action taken nor ordered)

Lobster Enhancement Project: This arrived as a late communication
regarding a public comment request from CRMC (memorandum from Ms. Shocket
submitted to Council).
     Motion by Councilor McInnis, seconded by Councilor Robertson to
authorize Council President Pease to send a letter to CRMC asking for an
additional 30 days to comment, or request a formal hearing if that request
is not granted. So voted.

Naming of Eldred Avenue ballfield: Motion by Councilor McInnis, seconded
by Councilor Hines to name the new recreation field at the intersection of
East Shore Road and the remaining section of Eldred Avenue as John Eldred
Recreation Area in honor of John Eldred, for reasons as set forth in a
memorandum from the parks and recreation director dated August 13, 1996.
     So voted.
     Councilor Liberati: Make the memo part of the permanent record.
     Ms. Shocket: I hope Council will do a proclamation for presentation
at the dedication on August 25.

2)   Tax Assessment Board of Review
  a) Anne Maxwell Livingston (request for reappointment)
     i) Letter of support from the Chair
  b) Letter of interest from Catherine Finney
Clerk: Although Section 801 of the Town Charter does not seem to prohibit
dual office holding if one of the positions is unpaid (tax assessment
review board), Section 708 does prohibit a member of the zoning board of
review from being an appointed official; I spoke to Ms. Finney today and
she indicated that she would prefer to remain on the zoning board if
Council agreed with that interpretation.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
reappoint Anne Maxwell Livingston for a three year term, term ending June
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
readvertise the vacancy created by F. Gavin Fitzgerald's resignation, term
ending June 1997. So voted.

3)   Zoning Board of Review
  a) Letter of interest from Guy J. Settipane, Esq.
Motion by Councilor McInnis, seconded by Councilor Robertson to continue
advertising the alternate member vacancy resulting from John P. Caito's
resignation, term ending December 1996. So voted.

4)   Copy of letter to Town Clerk RI Department of Business Regulations
re: abolishment of the Division of Liquor Control: (noted)

5)   Town Solicitor report re: RIDEM User Fee-Priority Pollutant
Monitoring Program: Council consensus: Solicitor to send letter of
objection to this notice from RIDEM, noting that the Director of
Administration is reviewing the matter and is trying to resolve it;
Councilor McInnis will contact RI Director of Administration Robert Carl
and the Solicitor will provide a copy of a prior letter to Mr. Klingham to
Councilor Liberati.

6)   Golf Course Study Committee report (Councilor Hines, Chair): Ms.
Shocket distributed an addendum sheet (replaces page 5).
     Councilor Hines reviewed the history and activity of the study
committee (four page summary of report attached hereto).
     Councilor Hines: The committee felt that continuing to lease the
property out is the most attractive option, with Town operation being the
second choice, professional management being third, and selling the
property being the fourth; we do recommend the Town continue leasing, with
explicit terms and the establishment of a standing golf course committee
to oversee the operation, monitor compliance with the lease terms and
develop data regarding the operation vis-a-vis the possibility of the Town
operating it in the future; we suggest that the Administrator, with
assistance of committee members, seek a lease appraisal.
     Councilor McInnis: A focused work session would be the most likely
forum to induce public comment.
     Council consensus: Get an appraisal before the work session; the work
session will be scheduled on Monday, September 30 at the library, with the
intention of voting on October 15.
     Motion by Councilor Hines, seconded by Councilor McInnis to authorize
the Town Administrator to review a list of potential appraisers, contact
at least three of them, and proceed to engage one with a limit of $5,000
to be spent on the appraisal to be paid from the golf course fund.
     So voted.
     (Members of the audience made several suggestions for items to be
included in any future management contract: landscaping plan, midcourse
restrooms, senior citizens passes, proper attire requirement.)


1)   Consideration of underground utilities (re: tree removal plan of
Newport Electric Corporation; continued from 07/08/96)
William Brennan (resident; generator salesman by profession) regarding
underground utilities and alternatives: (summary distributed); in Holden,
the cost was fronted by the utility companies on a prorated basis at 40%
electric, 40% telephone, and 10% each to cable and fire/signal; it was
ultimately charged back to the customers; all customers were charged, not
just those whose lines were dropped; in some cases (cable), the customers
were not charged back; it began with a referendum question approved by the
voters; there is no specific law in RI regarding payment arrangements such
as this; I spoke to Edward Keough at the Public Utilities Commission; he
said they would get involved only if the Town and Newport Electric
Corporation could not work it out; (photographs displayed with computer
generated replication of the same scenes without poles and wires);
planning is required; Holden was a 10 to 12 year project; their population
is about 15,000.
     Council consensus: Mr. Brennan is to invite a Power Line Management
representative to address Council during a future meeting.
     Mr. Brennan: Agreed; I spoke to Robert Marcotte, the state tree
warden; he said anyone who cuts down a tree on a right of way is obligated
to replace it with a tree or trees of equal diameter or equal total
diameter, but not necessarily where the trees were taken down.
     Mr. Powell: We solicited six quotes from tree services and are
awaiting responses.
     (Mr. Brennan took his photographs when he left the building.)

2)   Legal fees re: Michael Smith (continued from 07/22/96)
  a) Solicitor's response (noted); Council President Pease: I spoke with
Mr. Smith and he said he sent the Solicitor's response to his attorney.


1)   Requests for Buloid Avenue to remain as a dirt road
  a) Dennis and Mary Webster (22 Mount Hope Avenue)
  b) Michael & Shelley Ehrmanntraut (21 Buloid Avenue)
  c) Elizabeth Sullivan (15 Buloid Avenue)
Ms. Shocket: Buloid Avenue is not scheduled for paving; neither is
drainage planned.
     Mr. Goslee: It is scheduled for sewers, but not storm drains. Council
consensus: Mr. Goslee is to respond to those residents.

2)   Letter and newspaper clipping from Ellen Brownell re: condition of
vacant house on Cole Street: Ms. Shocket: The Building/Zoning Official is
aware of the property; it is boarded up, as required; since Jamestown has
no "high grass" nor "noxious weed" ordinances, our only available action
is condemnation by the fire department as a fire hazard.
     Chief Christman: There is also a house on Walcott Avenue that is in
similar condition.
     Ms. Shocket agreed to obtain sample ordinances from other communities
for consideration.

3)   Copy of RIDEM Notice of Intent to Enforce to the Administrator re:
Plat 6, Lot 3: (previously noted)

4)   Copy of police statement from Daniel Edward Leonard re: transfer
station operator: (noted)

5)   Letter from Paula Titon re: Jamestown's representative to New Visions
of Newport County: (noted)

6)   Letter and petition from Geraldine Garrett Callister et al re:
condition of Bow Street and request for street sign: Mr. Goslee: Bow
Street is not on this year's list; Sloop Street will replace Avenue B if
there is enough money; I will look at the letters regarding drainage and

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
all six communications and route copies to the proper authorities.
     So voted.


1)   Request for waiver of Rembijas Pavilion rental fee from Jamestown
Fire Department (08/18/96): Motion by Councilor McInnis, seconded by
Councilor Robertson to approve the request. So voted.

2)   Offer to donate land to the Town of Jamestown from Robert E. Ashness
(Plat 16, Lot 261): Motion by Councilor McInnis, seconded by Councilor
Liberati to accept the offer of Robert E. Ashness to donate Plat 16, Lot
261 subject to inspection by the Building/Zoning Official to be certain
there are no apparent problems with the lot.
     Ms. Shocket: What happens to back taxes? Councilor Liberati: The Town
never sues for back taxes.
     Council President Pease: The Building/Zoning Official should look at
it to be sure there is no environmental liability. Motion so voted.

3)   Transfer license applications:
  Applicant               Type        Location
  Double Eagle Rest.
     & Pub, Inc.      Sunday Sales      40 Narragansett Avenue
  dba The Islander Restaurant         and
     to             Victualing
  IslanDish, Ltd.
  dba Chopmist Charlie's
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the transfer subject to resolution of taxes and debts. So voted.

4)   Renewal license application:
  Applicant               Type        Location
  Frick-Em, Ltd.       
  dba Frick's at the Bay View      Entertainment  53 Conanicus Avenue
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the renewal subject to resolution of taxes and debts. So voted.

5)   New license applications:
  Applicant               Type        Location
  IslanDish, Ltd.                     40 Narragansett
  dba Chopmist Charlie's        Entertainment  Avenue
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the application subject to resolution of taxes and debts. So voted.

  Applicant               Type        Location
  Andrew Jonathan Cardarelli    Private
  dba South Shore Investigative Agency   Investigator      203 Seaside
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the application subject to written responses to questions regarding the
use of a firearm, submission of a bond, obtaining signatures of remaining
Town officials, and submission of a photograph and fingerprints. So voted.

6)   One-day license applications:
  Applicant         Type        Location    Date
  Jamestown Yacht Club Peddlar     East Ferry     08/24/96
Motion by Councilor Robertson, seconded by Councilor Hines to approve the
application subject to resolution of taxes and debts.
     So voted by 4 in favor, none opposed and Councilor McInnis

  Applicant         Type        Location    Date
  Jamestown Rotary Club   Victualing     East Ferry     08/24/96
Motion by Councilor Robertson, seconded by Councilor Hines to approve the
application subject to resolution of taxes and debts. So voted.


Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 10:50 PM.
     So voted.
     Council returned to regular session at 11:16 PM.
     Motion by Councilor McInnis, seconded by Councilor Robertson to seal
the minutes of the executive session to the public. So voted.


There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Hines to adjourn at 11:17 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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