September 9, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:37 PM by Council President Fred
Pease. The following members were present:
  Paul A. Robertson, Vice-President
  Mark E. Liberati

(Absent: Richard A. Hines and 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
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor


1)   Request of Audubon Society of RI for resolution re: 12th annual "Get
the Drift and Bag It" coastal cleanup campaign (September 21, 1996)
Mr. Powell: We tell them every year our clean-up is in the spring. Motion
by Councilor Robertson, seconded by Councilor Liberati to adopt the
resolution as presented. So voted.


1)   Class B-V transfer re:  Double Eagle Restaurant and Pub, Inc. to
IslanDish Ltd.
  a) Withdrawal of notice of appeal dated 09/03/96 from Dick & Hague, Ltd.
(representing TCI Cablevision)
Motion by Councilor Robertson, seconded by Councilor Liberati to accept
the withdrawal. So voted.

2)   Application of Jamestown Lions Club for a Class F (19 hour; beer and
wine) Alcoholic Beverage License (09/15/96; Rembijas Pavilion; non-profit
Motion by Councilor Liberati, seconded by Councilor Robertson to approve
the application, subject to proof of adequate liability insurance naming
the Town, and signatures of all appropriate Town officials. So voted.


Councilor Robertson requested removal of item #2.
     Motion by Councilor Liberati, seconded by Councilor Robertson to
approve the consent agenda as amended.
     So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 08/26/96 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Conservation Commission (08/26/96)
  b) Zoning Board of Review (06/05/96 & 07/23/96)    
4)   Invitation from East Bay Branch of RI Red Cross to reception
(09/16/96) to celebrate its 80th anniversary
5)   Letter from the American Planning Association re: information
regarding preparation and administration of innovative environmental
land-use controls

2)   Bills and payroll: Following clarification of several items, motion
by Councilor Robertson, seconded by Councilor Liberati to approve bills
and payroll. So voted.


Pursuant to RIGL 42-46-5 (a,5), the Town Administrator and Town Solicitor
each asked to discuss matters of real estate; no objection from Council;
as scheduled on the agenda.


1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address

Arthur Milot: There is a proposal to pave Walnut Street with asphalt from
Blueberry Lane to the intersection with Ledge Road

; it is currently experiencing some runoff problems because of the
excessive rain, but has served well for a century; although emergency
services may have some concerns, we would like Council to consider some
maintenance without paving; we like the ambiance created by the dirt road
and the fact that it discourages traffic.
     Mr. Goslee: We are not looking at widening the road any more than a
foot; it is impassable during the mud season because of the incline; there
is a public safety concern; we only plan on paving a section.

Phoebe Wharton: We have navigated Walnut Street for well over 40 years
without problems; we are concerned about speeding, traffic and disturbing
the rural character.

Council consensus: Pave the part that is eroded and on a slope.
     Councilor Robertson: There is a concern for the cost of the Town
continuing to return and move the dirt around to restore the road, as well
as for others who need to use the road, not just the people who live on
that road. Mr. Goslee: Drainage will be improved.

Mr. Powell: The Conservation Commission has sent out 6 requests for bids
regarding pruning trees on Narragansett Avenue; responses were due August
15, but none were received; we will be calling them.


1)   Town Administrator's report (attached hereto)

Fort Getty: Motion by Councilor Liberati, seconded by Councilor Robertson
to authorize the use of Fort Getty by the US Coast Guard's Harbor Defense
Command Unit 201 for a Naval Reserve field exercise November 2 and 3 from
7:30 AM until 3:00 PM, subject to receiving indemnification from the Navy
and/or Coast Guard, with the Solicitor to review same. So voted.

2)   Solicitor's report re: RIDEM User Fee - Priority Pollutant Monitoring
Program: Councilor Liberati: This appears to be a State mandated cost; we
need to determine if it is a RIDEM regulation or a State mandated cost
that does not get funded; the State passed a law years ago stating it
would reimburse municipalities for compliance with laws that cost them
money; however, that has not been funded for several years; we incur costs
for compliance, but there is no funding to reimburse us; we objected to
the program because we have no industrial use; we need to find out the
basis for reimbursement. (Solicitor to pursue)

3)   Planning Commission communications
a)   Golf course irrigation pond: Mr. Goslee: RIDEM has required a fence
around the pond for liability reasons; it will be 5 feet tall with black
chain-link; we might be able to allow skating with additional liner
protection, but will have to go to RIDEM for permission; the black liner
is intended to draw heat, so the pond may not freeze.
     Solicitor: Since the water is 6 feet deep, I do not recommend
allowing skating due to liability.
     Mr. Goslee: Green fencing is pretty bright, so black will blend
better; we also need to be careful with surrounding plantings so it does
not have "droppings" into water which might interfere with the submersible

b)   Lobster habitat enhancement project (noted)

c)   Commissioners' terms and copy of memorandum from the Town Planner

d)   Naming of Route 138 connector road: Motion by Councilor Liberati,
seconded by Councilor Robertson to place an advertisement in The Jamestown
Press requesting recommendations for names, with responses due within 30
days. So voted.

4)   Tax Assessment Board of Review (1 vacancy; term ending 06/1997)
a)   Request to reactivate letter of interest from Barbara Hamilton Porter
Motion by Councilor Liberati, seconded by Councilor Robertson to appoint
Barbara Hamilton Porter to the Board to fill the unexpired term of
resigning F. Gavin Fitzgerald, term ending June 1997. So voted.

5)   Zoning Board of Review (1 vacancy; term ending 12/1996)
a)   Letters of interest
  i) Guy J. Settipane, Esq.
  ii)   Barbara Hamilton Porter
  iii)  David Clancy
Council consensus: Schedule meetings with Messrs.
     Settipane and Clancy beginning at 8:00 PM on September 16, along with
any others who express interest in the interim.

6)   Memorandum from Harbor Management Commission and copy of letter of
resignation from Holly M. Turton: Motion by Councilor Robertson, seconded
by Councilor Liberati to advertise one vacancy for the "interested, but
otherwise unaffiliated" position on the Commission. So voted.


1)   Letter from CRMC re: Lobster Habitat Enhancement Project (public
comment deadline extended to 09/16/96, per Council's request)
Ms. Shocket: The Harbor Management Commission has noted that they had no
objection and in fact, the project might be beneficial to lobstermen, but
they wished abutters had been notified.
     Council President Pease: The Commission was also concerned about
aquaculture impact in general, and the short notice given on this specific
     Mr. Powell: The Conservation Commission briefly discussed it and had
no problem with it; we will be reviewing what should be allowed in
conservation zones.
     Motion by Councilor Liberati, seconded by Councilor Robertson to
endorse the research project.
     So voted.
     (Donald Armington, Harbor Management Commission Chair arrived at this
point; 8:35 PM.)


1)   One-day license applications:
  Applicant         Type        Location    Date
  Jamestown Lions Club    Entertainment     Rembijas Pavilion 09/15/96
     "        Peddlar           "        "
     "        Victualing        "        "
Motion by Councilor Robertson, seconded by Councilor Liberati to approve
all 3 licenses. So voted.

2)   One-day license applications (ratification):
  Applicant         Type        Location    Date
  Rebecca Andreozzi    Victualing     Rembijas Pavilion 09/07/96
  c/o Cub Scouts Pack #1     Yard Sale         "        "
Motion by Councilor Robertson, seconded by Councilor Liberati to ratify by
licenses. So voted.

3)   Offer from Doris L. Pelley and Carolyn P. Donatini to purchase
municipally-owned property (Plat 14, Lot 104)
Council consensus: Discuss in executive session; Ms. Shocket will
acknowledge in writing.

4)   Request for extension of licensed locations:
  Applicant            Type     Location
  Alfred B. Bingell       Peddlar     John Eldred Recreation Area
  dba Freddie Bing's Hotdog Thing  Sunday Sales         "
Solicitor: There is a specific deed restriction on this property against
concession stands, whether permanent, temporary or seasonal; the issue is
whether it is considered a concession stand.
     Councilor Liberati: We should look into the possibility of stationing
it on the street.
     Council President Pease: The deed says "on or adjacent to the
property"; it is a matter of interpretation.
     Councilor Liberati: There is an issue of forfeiture in the event of
violation; I would rather seek an amendment to the deed than enter into a
lawsuit over it.
     Motion by Councilor Robertson, seconded by Councilor Liberati to
table the request until the Solicitor can obtain and distribute a copy of
the deed for review. So voted.

RI Firefighters League: Chief Christman: This organization is soliciting
donations and may say they are representing our fire department, but they
are not authorized to do so; I filed an official complaint with the state
and local police departments and the Attorney General's office; I also
contacted The Jamestown Press and Newport Daily News.


Motion by Councilor Liberati, seconded by Councilor Robertson to adjourn
to executive session at 8:50 PM.
     So voted.
     Council returned to regular session at 9:22 PM.
     Motion by Councilor Liberati, 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
Robertson, seconded by Councilor Liberati to adjourn at 9:23 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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