September 23, 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
  Richard A. Hines
  Mark E. Liberati

(Arrived at 7:43 PM: Steven M. McInnis)

Also present were:
  Frances H. Shocket, Town Administrator
  Theresa C. Donovan, CMC, Town Clerk
  Arthur J. Christman, Fire Chief
  James A. Donnelly, Esq., Town Solicitor


Councilor Robertson asked that item #2 be removed.
     Motion by Councilor Hines, seconded by Councilor Robertson to accept
the consent agenda as amended.
     So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 09/09/96 (regular meeting)
3)   Copies of minutes of Boards and Committees
  a) Library Board of Trustees (07/15/96)
  b) Harbor Management Commission (08/14/96 & 08/28/96)
  c) Planning Commission (09/04/96)
4)   Invitation from Newport County Chapter Arc to their Annual Cocktail
Reception (10/15/96)
5)   CRMC notices:
  a) Assent: Town of Jamestown (Veterans' Memorial Square; Plat 8, Lot 171
and Plat 9, Lot 356) re: construction of new veterans' memorial and
various landscape improvements
  b) Finding of no significant impact: Nicholas Schaus (57 Walcott Avenue;
Plat 9, Lot 322) re: construction of addition to existing kitchen 
6)   Memorandum and copy of resolution from the Town of North Kingstown
re: bond referendum for the Freight Rail Improvement Program
7)   Abatements/Addenda Report of Tax Assessor received 09/20/96

(Councilor McInnis arrived at this point; 7:43 PM.)
2)   Bills and payroll:  Following clarification of several items, with
Ms. Shocket agreeing to follow up on several Recreation Department bills,
motion by Councilor Liberati, seconded by Councilor Robertson to approve
bills and payroll, subject to the Town Administrator determining the
appropriateness of payment of the invoices for Greg Larson (soccer balls,
tee shirts, etc.) and Eastern Ice (ice vending) with a written explanation
due at Council's next meeting on October 15. So voted.


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


1)   Scheduled Requests to Address
Richard Allphin re: Internet: (distributed copies of "Jamestown Community
Home Page" to Council, Administrator, Solicitor and Clerk) I have entered
minutes and agendas into the home page developed by April Lorenson, a
local consultant/business woman; I will be doing this until perhaps
somebody more appropriate does it; it costs me nothing; this will allow
people online to be more informed without having to come downtown; agendas
will be on until approved minutes for that meeting are available.
     Ms. Donovan: The minutes would not be released until Council approves
     Councilor Hines: Would this be a verbatim copy of the public record?
Mr. Allphin: Yes; people can alter their copies, but that does not change
the official record.
     Councilor Liberati: We are not helping anyone pervert the process by
giving you the disk.
     Mr. Allphin: Correct. Ms. Donovan: Supplying this information to Mr.
Allphin in disk form is in accordance with the Public Records Act; there
is nothing in the law to prohibit it, except using public information for
commercial gain.
     Councilor McInnis: You could add some type of language like
"maintained solely by me in my private capacity and are not official
documents of the Town of Jamestown". Mr. Allphin: Agreed.

Mr. Allphin re: proposed zoning amendments: Regarding the proposed
amendments to the ordinance regarding open space, underground storage
tanks, dimensional set backs in the R-8 zone and provision for a third
alternate member on the board, I hope Council can move the advertising
along for public hearing.
     Councilor McInnis: The third alternate provision is now state law; we
will not hold that up for other amendments to local zoning law.

Mary Webster (representing Buloid Avenue, Mount Hope Avenue and Harbor
Street residents) re: commercial traffic: There are 30 of us who are
experiencing a very distressing situation; during the last two years,
there has been an increase in activity for the Conanicut Yacht Club and
Bay Voyage (liquor delivery, seafood delivery, SYSCO, etc.); now, full
sized Viking tour busses are coming through with the Bay Voyage as their
destination; I have spoken to a professional truck driver who said both
locations should be deliverable without going through the adjacent
neighborhoods; we are concerned for the safety of the children; they could
drive through the Bay Voyage parking lot from Conanicus Avenue; the
establishments involved should make arrangements with the companies to use
smaller trucks on these deliveries.
     Councilor Liberati: Most drivers deliver to more congested urban
neighborhoods and should be able to negotiate our roads without going
through residential neighborhoods.
     Motion by Councilor McInnis, seconded by Councilor Liberati that the
Town Administrator, along with the Chief of Police or any other
appropriate local officials, speak to responsible parties for the Bay
Voyage and Conanicut Yacht Club to work out an alternate route for their
commercial trucks and tour busses to avoid using neighborhood streets.
     Council President Pease: Also broach the subject of using smaller

Donald Richardson: The same vehicles go up and down Davis Street, along
with the biggest dumpster made; our streets are not built to handle
industrial traffic, and it is tearing the streets apart. Motion so voted.

2)   Non-Agenda Requests to Address

Angelo Pizzi: (late communication) I am requesting a street light near
my property on Starboard Street.
     Motion by Councilor Robertson, seconded by Councilor Hines to refer
the request to the Street Light Committee (Councilors Pease and McInnis)
for evaluation. So voted.

Edwin Connelly: Thanks to the Council, Public Works Department and Town
Administrator for work performed at the Veterans Memorial; sod was laid on
September 21 (Saturday); the site was improved tremendously; the monument
companies consulted here in RI and also in Barre, VT are concerned about
suggesting was type of foundation should be used on filled land; we have
two options: either perform test borings or dig before winter and put in
the foundation, the latter being favored; the recommendation of civil
engineers and both monument companies is for a 5 foot cube of concrete as
basic support for another block of concrete that would hold 2 stainless
steel pins that would go into the shaft of the monument itself; all work
is covered by the CRMC permit.
     Council consensus: put in the foundation now.
     Motion by Councilor Robertson, seconded by Councilor Hines that the
Town Administrator coordinate the highway department to dig the footing
for the memorial. So voted.


1)   Town Administrator's Report (attached hereto)
Police Department: Motion by Councilor McInnis, seconded by Councilor
Robertson to permit the Town Administrator to spend $2,849 of the $4,800
gambling raid money as matching funds toward the CopsMore grant for a
total of $11,397 for clerical assistance and to engage a secretary for
half time, but the specific understanding that when that funding runs out,
the employment of that person ceases. So voted.

East Ferry (Town pier repair design): Councilor McInnis: If Phase II is
ultimately approved, then will the money we are spending on Phase I count
as our contribution (match), so Phase II will cost us nothing? Council
President Pease: Correct.
     (The Harbor Management Commission supplied drawings to Council and
Administrator) Council President Pease: The design is to build as it
stands, with an indepth survey done; the steel sheets are in poor shape
and are inadequate; the configuration will remain the same; the minimum
life expectancy of concrete in salt water is at least 50 years.
     Councilor McInnis: Is it legally alright for us to approve an
expenditure from the Marine Development account when it is approved at
financial town meeting? Ms. Shocket: Yes. Councilor Liberati: It is
nothing different from what has already been budgeted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve of the Harbor Management Commission spending $187,358, more or
less, for the East Ferry steel pier repair project as identified on the
Siegmund and Associates design, with the understanding that these funds
will be counted toward the Town's matching funds, should the Town go
forward with Phase II of the construction project.
     Councilor Liberati: No part of these funds will be paid toward
Siegmund and Associates (client)? Ms. Shocket: Correct; this motion is for
the construction phase only, not design. Motion so voted.

2)   Town Clerk's memorandum re: electronic balloting for 1997 local
Motion by Councilor McInnis, seconded by Councilor Robertson that the Town
Clerk ask our Board of Canvassers to remind the state Board of Elections
and Secretary of State of Jamestown's upcoming local elections to ensure
that electronic balloting machines will be available in accordance with
recently enacted state law. So voted.

3)   Zoning Board of Review
a)   Letter from Chair requesting Thomas Ginnerty, senior alternate, be
appointed as regular member filling John Caito's unexpired term (term
ending December 1998)
b)   Public Laws Chapters 96-051 and 96-072 (establishing 3 alternate
positions, their priorities and terms; effective 06/28 and 07/04/96
c)   Vacancies (2); terms to be established; letters of interest: Guy J.
Settipane, Esq. and David Clancy)
Councilor McInnis: I would like to hold off until December; Mr. Ginnerty
can act in Mr. Caito's stead until then. Solicitor: Right now, the Board
is operating one short; when the ordinance is changed, they will need one
more; Council can only vote on one alternate vacancy right now.
     Mr. Allphin: If you do not move up Mr. Ginnerty, then we are not up
to strength.
     Council consensus: interview Mr. Ginnerty on October 15 at 7:00 PM.
Solicitor was instructed to draft an ordinance revision for Council review
to provide for a third alternate, but keeping all 3 alternates at 1 year


1)   Response from the State Traffic Commission re: "Slow/School" sign on
North Main Road (noted)

2)   Elderly Tax Abatement/Deferral Plan
  a) Public Laws Chapter 96-422 (effective 08/09/96)
  b) Proposed local ordinance amendment (if favorable, order advertised
for public hearing)
Councilors agreed on minor drafting changes to the proposed local
ordinance, and agreed that a new line must be added to the Tax Collector's
municipal lien certificates for any deferral of taxes.
     Motion by Councilor McInnis, seconded by Councilor Hines to confirm
advertisement for public hearing including these changes.
     So voted. (Tentative hearing date: 10/28)


1)   Copies of communications re: opposition to ISDS variance application
of Kenneth R. Vario (Ocean Avenue; Plat 8, Lot 33)
  a)    Barbara M. Leonard to RIDEM
  b) Peter Branigan et al; petition from residents
Motion by Councilor McInnis, seconded by Councilor Robertson to accept the
     Samuel Broadhurst: There is a history of water and drainage problems
in this area; an additional septic system will cause more problems; there
are no sewers on the west side of this end of Ocean Avenue; they want to
build a plastic wall; the lot is not big enough; it will add to the water
problems for adjacent properties; I have a dry well on his land.
     Councilor McInnis: I suggest the neighbors follow the RIDEM
procedure; if they grant it, you can appeal it.
     Councilor Liberati: The neighbors should hire an engineer to do the
necessary testing and act as your witness to RIDEM; Council has no
jurisdiction over these matters. Motion so voted.


1)   One-day license application:
  Applicant               Type     Location    Date
  Parks and Recreation Dept.    Peddlar  Community Center  11/06/96

a)   Letter from the Recreation Supervisor requesting waiver of permit fee
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the application subject to obtaining signatures of local officials, and to
waive the fee. So voted.

2)   New license application:
  Applicant         Type           Location
  Alton H. Conn, Jr.      Private Investigator    83 Pemberton Avenue
Motion by Councilor Liberati, seconded by Councilor Hines to approve the
application subject to Mr. Conn obtaining a pistol permit. So voted.

Fort Getty Parking: Councilor Robertson: I had asked for an area to be
cleared on the south side of Fort Getty Road for additional municipal
parking during special events; do not take down the large trees, but use
the brush cutter after the foliage is down in November.
     Ms. Shocket: I will follow up. Motion by Councilor Robertson,
seconded by Councilor McInnis to direct the Town Administrator to take
appropriate action to clear an area on the south side of Fort Getty Road
for public parking for special events, involving grass cutting only.
     So voted.


Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:33 PM.
     So voted.
     Council returned to regular session at 10:06 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 10:07 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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