TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  October 15, 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
  Steven J. Goslee, Public Works Director
  Arthur J. Christman, Fire Chief
  J. Christopher Powell, Conservation Commission Chair

(James A. Donnelly, Esq., Town Solicitor arrived at 8:32 PM.)

  SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

Motion by Councilor McInnis, seconded by Councilor Robertson to advertise
the following renewal applications for public hearing on November 12:

  CLASS A

East Ferry Liquors, Inc.              Jean Ceppi, Inc.
dba East Ferry Liquors             dba Page's
9 Ferry Wharf                30 Southwest Avenue

  CLASS B - TAVERN

  Long Wharf Marina Restaurant, Inc.
  dba The Bay Voyage
  150 Conanicus Avenue

  CLASS B - VICTUALER

Frick-Em, Ltd.                  IslanDish, Ltd.
dba Frick's at the Bay View           dba Chopmist Charlie's
53 Conanicus Avenue (Unit 1-R)           40 Narragansett Avenue

Jamestown Oyster Bar, Inc.               Trattoria Simpatico, Inc.
dba Jamestown Oyster Bar              dba Trattoria Simpatico
22 Narragansett Avenue             13 Narragansett Avenue

  Oral's Specialty Food Service Management, Inc.
  dba Schoolhouse Cafe
  14 Narragansett Avenue

  CLASS D - FULL

Conanicut Yacht Club               Portuguese American Citizens Club
40 Bay View Drive                  11 Pemberton Avenue

So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
advertise the following application for public hearing on November 12:

  CLASS B - VICTUALER

  Alexander Enterprises, Inc.
  dba Narragansett Cafe
  25 Narragansett Avenue

So voted by 4 in favor, none opposed and Councilor Liberati abstaining.
     Motion by Councilor McInnis, seconded by Councilor Robertson to refer
the following applications to the Solicitor for further review prior to
advertising for public hearing:

  CLASS B - VICTUALER

Islandish, Ltd.              New England Golf Course Management, Inc.
dba Jamestown Country           dba the Caddy Shack
Club Restaurant              aka Jamestown Golf and Country Club
245A Conanicus Avenue           245 Conanicus Avenue
(upper level)                (lower level rear)

So voted.

  CONSENT AGENDA

Motion by Councilor Hines, seconded by Councilor Liberati to approve the
consent agenda with the exception of items #2, 3a and c and 10.
     So voted. The amended consent agenda consisted of:

1)   Adoption of Council minutes: 
  a) 09/23/96 (regular meeting)
  b) 09/30/96 (golf course work session)
3)   Copies of minutes of Boards and Committees
  b) Planning Commission (08/21/96 & 09/18/96)
4)   Notice of Hearings from the RI, Division of Public Utilities re:
assignment of cable television from TCI Cablevision of New England to COX
COM, Inc. (10/08 - 10/10/96)
5)   CRMC notices:
  a) Assent: Paul R. & Sandra M. Edgerley (Plat 8, Lot 645; 90 Bay View
Drive): relocate garage, construct additions to single family dwelling,
landscape, pool, fountain, spa, tennis court, terraces, retaining walls,
planting beds, relocated driveway, stormwater management structures and
revise buffer zone management plan
  b) Assent: Marston W. Keeler (Plat 10, Lot 53; 196 Highland Drive):
private residential boating facility
  c) No Significant Impact: Pickett M. Greig (Plat 8, Lot 519; 21 Bay View
Drive): enclose porch, install handicapped access ramp, reshingle garage
and dwelling
  d) No Significant Impact: Ruby French Realty, Inc. (Plat 16, Lot 237;
381 Seaside Drive): remove 2,000 gallon underground storage tank
  e) Concurrence: National Marine Fisheries Service (Dutch Island Harbor):
lobster habitat enhancement project
  f) Assent Modification: Spencer W. Potter (Plat 9, Lot 398; Westwood
Road): change in site plans
  g) Maintenance Certification: Elwin T. Gammons (Plat 1, Lot 297; 52
Orient Avenue): replace failed cesspool with 2-bedroom ISDS
  h) Assent Modification: Carolyn M. Mattera (Plat 16, Lot 13; 340 Seaside
Drive): construct 2-bedroom dwelling serviced by well and ISDS
6)   Municipal Financial Group notice of project funds available
7)   RI Public Schools 1995 District Profiles (excerpt)
8)   Letter and resolution from Bristol Town Council re: Eastern equine
encephalitis virus
9)   Letter of thanks for donation from members of Boy Scouts Troop 1
11)  Abatements/Addenda Report of Tax Assessor received 10/10/96

2)   Bills and payroll: Following clarification of several items, motion
by Councilor Hines, seconded by Councilor Robertson to approve bills and
payroll with the exception of those for Conanicut Marine Services.
     So voted.
     Motion by Councilor Hines, seconded by Councilor Robertson to approve
the bills for Conanicut Marine Services.
     So voted by 4 in favor, none opposed and Councilor McInnis
abstaining.

3)   Copies of minutes of Boards and Committees
a)   Zoning Board of Review (08/21/96): Copies to Council were missing
pages; to be placed on the October 28 consent agenda.

c)   Tax Assessment Board of Review (09/18/96 & 09/25/96): Following
discussion with Ms. Shocket regarding certain criteria, motion by
Councilor Hines, seconded by Councilor McInnis to approve item #3c.
     So voted.

10)  Materials from Newport First Ward Councillor Laurice P. Shaw:
proposed resolution supporting resolution #8 (voter initiative), Operation
Clean Government and Voter Initiative Alliance: Motion by Councilor
Liberati, seconded by Councilor Hines to adopt the form of resolution as
supplied by Newport City Councillor Shaw.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve item #10. So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

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

  OPEN FORUM

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address



Mary Webster: Regarding the commercial traffic in the Mount Hope
Avenue neighborhood, tour busses are a problem, although the Bay Voyage
may not be aware of it; perhaps Viking Tours could be contacted to
determine who hires them to bring people to the Bay Voyage; the problem
persists and I have it documented; to whom should we report these
instances? Ms. Shocket: Me. Ms. Webster: It is not enough to have the
businesses speak to their vendors; changing vendors and drivers will allow
the problem to persist; we want signs, especially at the west end of Mount
Hope Avenue.
     Ms. Shocket: If anything, we might consider "No Through Traffic"
signs (will check with Solicitor); a "No Commercial Vehicles" sign would
actually result in a hardship on the neighborhood because it would
encompass all commercially plated vehicles, including fuel delivery
trucks, etc.. Councilor Hines: Look into whether or not an ordinance is
required to put up a sign.
     Mr. Powell: As a Mount Hope Avenue resident, I would rather other
means be exhausted first before more signs are put up.
     Ms. Webster: If the corner configuration at the east end of Mount
Hope Avenue is reduced to 90 degrees, that might make it less attractive
to truck traffic.
     Council President Pease: We will continue to try other means.

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report (attached hereto)
For Council Consideration:
a)   Approve golf course RFP for release (see unfinished business)

b)   Approve $2,300 for engineering for south bulkhead at East Ferry:
Motion by Councilor McInnis, seconded by Councilor Hines to authorize
spending $2,300 from the Memorial Square Repairs portion of the Marine
Development Fund for redesign of the Memorial Square Bulkhead, as
requested by the Harbor Management Commission, with the understanding this
is not an endorsement of the final project or plan.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.

2)   Harbor Management Commission: One vacancy ("interested, otherwise
unaffiliated"; term ending 12/98)
Letters of interest: Christopher J. Lembo, William Hahn and Sandra C.
Lareau
Council consensus: Schedule interviews for October 21 following the Water
and Sewer Commissioners' meeting.

3)   Zoning Board of Review (continued from 09/23/96)
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)   Vacancies (1 or 2 [3rd alternate]); terms to be established
Letters of interest: Guy J. Settipane, Esq. and David Clancy
Motion by Councilor McInnis, seconded by Councilor Robertson that Thomas
Ginnerty be appointed as a full member to fill John Caito's unexpired
term, term ending December 1998.
     So voted.
     Motion by Councilor McInnis, seconded by Councilor Hines that Guy J.
Settipane, Esq. be appointed to replace Thomas Ginnerty as an alternate
member, term ending December 1996.
     So voted.
     The Solicitor was instructed to draft the necessary language for
amendment of the zoning ordinance to provide for a third alternate member,
in accordance with recently enacted enabling legislation, to be voted upon
for advertisement on October 28.

4)   Letter from Tax Assessment Board of Review re: election of officers
following resignation of F. Gavin Fitzgerald (member since 1977) (noted)

5)   Letter of resignation from F. Gavin Fitzgerald from Board of
Canvassers
Motion by Councilor Robertson, seconded by Councilor McInnis to accept Mr.
Fitzgerald's letter.
     So voted.
     The Clerk was instructed to contact the Town Committees for new lists
of nominees.

  UNFINISHED BUSINESS

1)   Street light request of Angelo and Carmen Pizzi (Spanker
Street/Starboard Avenue)
Councilor McInnis: The Street Light Committee viewed the area and found
that, although there are few lights in the area, it is open and not as
dark as other areas in the general neighborhood; the Town's general policy
is to approve lights only at intersections.
     Motion by Councilor Robertson, seconded by Councilor McInnis to table
the request until October 28. So voted.

The Solicitor arrived at this point; 8:32 PM.

2)   Golf Course:
Motion by Councilor Robertson, seconded by Councilor Liberati to accept
the Golf Course Committee's recommendation to re-lease the golf course
property.
     So voted.
     Motion by Councilor Hines, seconded by Councilor McInnis to thank the
members of the Committee for the outstanding job they did, and to dismiss
them with the proviso that they may be called upon in the future for the
same subject. So voted.

Ms. Shocket: I have prepared the draft request for proposals (RFP) for
release by Council tonight, with comments due to Council by October 28;
the invitation to bidders can then be ordered advertised on October 28 for
returns due December 2; Councilors Hines and McInnis can then review the
responses with their recommendation to Council due on December 9.
Councilor McInnis: Notice is to be distributed to the public that the form
is available for comment, with the lengthier document on file with the
Town Clerk for further review, making it very clear that this is not the
actual invitation to bid, but merely to illicit comments on the form
itself.
     Councilor Liberati: Do not advertise the instructions; publish pages
2 and 3 in The Jamestown Press for comment; you can then publish a smaller
subsequent notice in the Providence Journal announcing the RFP.
     Ms. Shocket: We will advertise in the Providence Journal, then send
out bid packets to specific entities, as is our standard practice.
     Motion by Councilor Hines, seconded by Councilor Robertson that the
RFP in its present form minus instructions to bidders be published in The
Jamestown Press for written comments due to Council by 12:00 noon October
24. So voted.

Councilor McInnis: We need to schedule a special financial town meeting
for the purpose of purchasing a portion of the Bryant property on which
part of the golf course is located.
     Solicitor: We have an agreement from their attorney, but it is not
yet in writing.
     Councilor McInnis: The proposal is to purchase the portion of the
property owned by the Bryant family to the east and west of the extension
of their existing house lot lines into the golf course, which would
accommodate all of the 4th and 7th tees and a portion of the sand trap on
the 6th green; the Mistowskis had a license agreement with the Bryants,
but that was terminated earlier this year; at this point in time, neither
the Town nor Mistowskis have the right to use the property; we had a study
done that proved it was possible to redesign the course to avoid
purchasing this property, but that would involve a significant expenditure
of money; there would be a setback of 25 feet all around the property they
are retaining to remain vegetative, and a building setback of 50 feet,
basically providing a 75-foot buffer zone on their remaining property.
     Solicitor: The remaining Parcel B [on a plan he showed to Council
members; not submitted for file] would merge into their house lot fronting
on Whittier Road, and will not be separate buildable lot.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
authorize the execution of a purchase and sale agreement to authorize the
purchase of Parcel A and Parcel C for total sum of $75,000 and also
authorize the Town Clerk and Town Sergeant to issue a warrant for a
special financial town meeting on December 2 seeking voter approval of
this purchase.
     Councilor McInnis: These funds will be taken entirely out of surplus,
resulting in no tax increase or borrowing. Motion so voted.

  COMMUNICATIONS

1)   Suggested names for Route 138 in Jamestown
Motion by Councilor Robertson, seconded by Councilor Hines to table the
matter until October 28. So voted.

  NEW BUSINESS

1)   Victualing license extended hours renewal applications

  APPLICANT                  HOURS
  Kenyon Oil Company, Inc.            24 hours daily
  dba Jamestown Xtra Mart
  35 Conanicus Avenue

  Cumberland Farms, Inc.           5:00 AM until 11:00 PM daily
  dba Cumberland Farms Store #1108
  41 North Road

Motion by Councilor McInnis, seconded by Councilor Hines to order both
applications advertised as submitted, for public hearing on November 15.
     So voted by 4 in favor, none opposed and Councilor Robertson
abstaining.

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:07 PM.
     So voted.
     Council returned to regular session at 9:25 PM.
     Motion by Councilor Liberati, seconded by Councilor Hines to approve
the proposal to realign the property lines between the golf course and
Conanicut Yacht Club property in accordance with William L. Burgin's
architectural plan dated October 15, 1996 [not submitted for file],
provided that the CYC plants a continuous line of evergreens along the
property lines that abut the golf course and verification that this in no
way affects play on the golf course, contingent upon approval by the
Zoning Board of Review. So voted.

  ADJOURNMENT

There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Hines to adjourn at 9:33 PM. So voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk

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