TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  November 12, 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
  Steven M. McInnis

Also present were:
  Frances H. Shocket, Town Administrator
  Theresa C. Donovan, CMC, Town Clerk
  Frederick W. Brown, Building/Zoning Official
  Arthur J. Christman, Fire Chief
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Ratification of proclamation honoring Theodore Kaiser as Elks Lodge
#104's Veteran of the Year: Motion by Councilor McInnis, seconded by
Councilor Robertson to ratify the proclamation as printed, and as adopted
on October 28. So voted.

2)   Certificates of appreciation for resigning volunteers:
a)   F. Gavin Fitzgerald: Motion by Councilor Robertson, seconded by
Councilor McInnis to approve the certificate as presented, acknowledging
19 years of service to the Town of Jamestown (Tax Assessment Board of
Review and Board of Canvassers). So voted.

b)   Maurice C. Vandal: Motion by Councilor McInnis, seconded by Councilor
Robertson to approve the certificate as presented, acknowledging 13 years
of service to the Town of Jamestown (Zoning Board of Review). So voted.

Motion by Councilor Robertson, seconded by Councilor McInnis to amend the
agenda to move item #1 under Unfinished Business to this point. So voted.

  UNFINISHED BUSINESS

1)   Senior Center elevator and building improvements
a)   Budget report from Friends of the Jamestown Seniors, Inc.
Charlotte Richardson, President: At the last meeting, we had requested to
be placed on the special financial town meeting (SFTM) agenda for $25,000
for an elevator and other necessary improvements to the senior center; I
have since met with various officials since then, as requested by Council;
we have $63,300 available including $50,000 from community development
block grant (CDBG) funds; we need an additional $33,843 and ask that that
amount be on the warrant for the SFTM on December 2.

John Brooks (Advanced Building Concepts; distributed sketches to Council
and Solicitor): I consulted an architect; he suggested that entrances be
combined, but floor space would be lost; the seniors want an outside
elevator at a separate entrance; there will also be a two-hour fire safe
enclosure created in the main entrance with rebuilt stairs and panic
hardware on the doors.
     Councilor Liberati: Our suggestion to consult with an architect was
to have him/her certify that the proposed construction would meet ADA,
fire and building codes.
     Solicitor: That was difficult to accomplish on short notice, but the
Building Official is here.

b)   Report of Town Administrator, Building/Zoning Official, Fire Chief
and Town Solicitor
Mr. Brown: Although this site was never the first preference, it was
obvious from the beginning that architectural assistance would be required
throughout to bring the building up to code; they made plans for an
outside elevator and secured CDBG funds for that through the Town, but
then they no longer employed the architect; they went to the Zoning Board
of Review, which also sits as a Building Code Board of Appeals, because it
was an intensification of use and they also needed relief from the
building code; the Board gave them relief, but that is separate from the
fire code; substantively, I agree with the concept of what has been
presented tonight, but apparently there was not enough time to obtain
stamped architectural drawings; there are some differences from the first
architect's plan; the assembly rooms (up and down) are not even on the
drawing; the big concerns of the Fire Chief and me were getting in and out
of the building, and this appears to address it, but they also need fire
protection on the assembly room walls.

Chief Christman: Speaking as fire marshall, they still have to get relief
from the State Board of Appeals until the described work is done and it is
up to code; if they go along with what Mr. Brown says, they will meet the
code.
     Councilor Liberati: They have been in the building since August 28,
1995 and you have not shut them down yet. Chief Christman: Correct.

Councilor McInnis: This money would not be spent until the permitting
process is completed with stamped drawings, etc.; the issue before us is
to whether or not we should put this on the SFTM warrant and if so, for
how much.
     Mrs. Richardson: I have no idea what an architect's fees would be.
Mr. Brooks: It would probably be between $3,000 and $5,000, as long as the
work is confined to the elevator and entrance.
     Councilor Hines: The only things the permit will cover are the
entrances? Will there be continued violations? Mr. Brown: There will be no
major life safety issues once these matters are addressed; windows,
wiring, ceilings, etc. need attention; this project will not be 100% up to
code with this requested funding; it will meet the requirements of the
Zoning Board's special use permit.
     Councilor Liberati: How much money would be saved if the elevator was
in front? Mrs. Richardson: The first architectural estimate (elevator in
front) was for $87,000; what we gain with this plan (elevator at rear
side) is space; $33,843 plus architectural fees would finish the project;
any additional needs would be addressed through fundraising; close to
$100,000 has already been raised and invested by the Friends.

Ms. Shocket: Upon receipt of original invoices, CDBG and Town funds would
be released. Councilor Liberati: Should this be a bid job if Town money is
being used? Donald Richardson: We did bid out the elevator project.
     Mr. Brooks: The bid was for a design built construction manager. Mrs.
Richardson: Sealed bids were submitted and opened as advertised; I am not
sure if this was the low bid.
     Ms. Shocket: The Town had nothing to do with the bid process; because
there are federal funds, we have been concerned that the Davis-Bacon Act
(prevailing wage) is complied with.
     Councilor Liberati: There is an implied representation here; we are
not giving a check to the Friends to spend as they see fit; the checks are
written as invoices are received. Do you have any objection to giving
copies of the bids to the Town? Mrs. Richardson: No; we can do that.

c)   Approval of question language for special financial town meeting
warrant (12/02/96)
Motion by Councilor McInnis, seconded by Councilor Robertson to put before
the voters at a SFTM on December 2, 1996 an item for a total of $38,843 to
be distributed to the Friends of Jamestown Seniors, Inc. for an elevator,
lobby construction costs and stair shaft improvement project as outlined
in the budget presented this evening, including $5,000 toward
architectural and other professional fees in accordance with warrant
language that Council shall determine.
     Councilor Liberati: This motion will place this question before the
voters, to which I am not opposed; however, I thought the Town had
established its level of contribution and this, to me, is a variance from
that contribution.
     Councilor Hines: I agree, but fear the CDBG funds could be lost if we
do not assist; it is a worthwhile project; I will put aside my concerns
regarding public support for a private project in this instance.
     Motion so voted. The Solicitor distributed draft warrant language to
Council.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the following question for the warrant for the meeting on December
2:

  That the Qualified Electors of the Town of Jamestown vote to authorize
the Director of Finance with the approval of the Town Council of the Town
of Jamestown to expend from anticipated surplus a sum not to exceed Thirty
Eight Thousand Eight Hundred Forty Three Dollars ($38,843.00) to be
contributed to the Friends of Jamestown Seniors, Inc. for the purpose of
completing the installation of an elevator and completing certain
renovations required by the State Fire Marshall and the Town of Jamestown
Building Official at the Jamestown Senior Center located at 6 West Street,
Jamestown, Rhode Island, in order to comply with the Building and Fire
Codes.

So voted. Mrs. Richardson expressed her thanks, on behalf of the seniors,
to all involved for their assistance and support.

Motion by Councilor Hines, seconded by Councilor McInnis is amend the
agenda to move item #2 under Unfinished Business to this point. So voted.

2)   Golf Course (additional property acquisition)
a)   Approval of question language for special financial town meeting
warrant (12/02/96)
Solicitor: Although the purchase and sales agreement is for $75,000, I
would suggest adding another $1,000 to cover title and closing costs.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the following question for the warrant for the meeting on December
2:

  That the Qualified Electors of the Town of Jamestown vote to authorize
the Director of Finance with the approval of the Town Council of the Town
of Jamestown to expend from anticipated surplus a sum not to exceed
Seventy Six Thousand Dollars ($76,000.00) for the purpose of purchasing
from William F. Bryant and Samuel W. Bryant III that certain parcel or
parcels of land located at the rear of 62 Whittier Road, Jamestown, RI and
further described as Parcel A and Parcel C on that "Survey of Land in
Jamestown, RI for Samuel W. Bryant III and William F. Bryant by Benjamin
T. Addy, PLS, Scale 1" = 40', August 22, 1996 revised October 26, 1996",
which land is currently leased and utilized as part of the Jamestown Golf
Course.

So voted. Councilor Liberati: We should do some handout or advertisement
for voter education.
     Solicitor: I can reduce the plan that is referenced. Councilor
Liberati: There should be notice in the newspaper with an explanation of
each warrant question.
     Council President Pease: Along with the consequences of rejection.
     Ms. Shocket: I will draft a proposal for Council's review at Water
and Sewer Commissioners meeting on November 18.
     Council consensus: The question order on the warrant is to be the
golf course first, then the senior center.

  SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Public hearing on renewal applications:

Council President Pease opened the hearing at 8:47 PM.
     No one present spoke for or against any applications.
     The hearing was closed at 8:52 PM.

  CLASS A

Motion by Councilor Hines, seconded by Councilor McInnis to approve both
Class  A renewals, subject to resolution of taxes and debts and obtaining
signatures of all appropriate Town officials. So voted.

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

  CLASS B - TAVERN

Motion by Councilor Robertson, seconded by Councilor Hines to approve the
Class B-Tavern renewal, subject to resolution of taxes and debts and
obtaining signatures of all appropriate Town officials. So voted.

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

  CLASS B - VICTUALER

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the following seven (7) Class B-Victualer renewals, subject to resolution
of taxes and debts and obtaining signatures of all appropriate Town
officials. So voted.
  
Frick-Em, Ltd.                     Jamestown Oyster Bar, Inc.
dba Frick's at the Bay View              dba Jamestown Oyster Bar
53 Conanicus Avenue (Unit 1-R)              22 Narragansett Avenue
                          
IslanDish, Ltd.                    New England Golf Course Management,
Inc.
dba Chopmist Charlie's                dba the Caddy Shack
40 Narragansett Avenue                aka Jamestown Golf and Country Club
                          245 Conanicus Avenue (lower level rear)         
                 

Islandish, Ltd.                    Trattoria Simpatico, Inc.
dba Jamestown Country Club Restaurant          dba Trattoria Simpatico
245A Conanicus Avenue (upper level)            13 Narragansett Avenue

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

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the following Class B-Victualer renewal, subject to resolution of taxes
and debts and obtaining signatures of all appropriate Town officials.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.

  Alexander Enterprises, Inc.
  dba Narragansett Cafe
  25 Narragansett Avenue

  CLASS D - FULL

Motion by Councilor Hines, seconded by Councilor McInnis to approve both
Class D renewals, subject to resolution of taxes and debts and obtaining
signatures of all appropriate Town officials. So voted.

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

  CONSENT AGENDA

Motion by Councilor Robertson, seconded by Councilor Hines to approve the
consent agenda as presented. So voted. The consent agenda consisted of:
1)   Adoption of Council minutes: 
  a) 10/15/96 (executive session)
  b) 10/28/96 (regular meeting)
2)   Bills and payroll
3)   Copies of minutes of Boards and Committees
  a) Zoning Board of Review (08/27/96 and 09/24/96)
  b) Harbor Management Commission (10/09/96 and 10/30/96)
  c) Tax Assessment Board of Review (10/23/96)
4)   Copy of minutes of East Bay Economic Initiative steering committee
meeting (10/29/96)
5)   CRMC maintenance certificate: Town of Jamestown (Town Pier, eastward
of Conanicus Avenue; Plat 8, Lots 171, 183, 287 and 291; Plat 9, Lots 355,
356 and 595) to install steel "T" pile beams and precast concrete panels
6)   Abatements/Addenda Report of Tax Assessor received 11/08/96

  EXECUTIVE SESSION ANNOUNCEMENT

1)   Administrator: litigation (pursuant to RIGL 42-46-5(a)(2)
2)   Solicitor: real estate (pursuant to RIGL 42-46-5(a)(5)

  PUBLIC HEARINGS

1)   Extended hours victualing license renewals:

  a) APPLICANT                  HOURS
     Kenyon Oil Company, Inc          24 hours daily
     dba Jamestown Xtra Mart
     35 Narragansett Avenue

Council President Pease opened the hearing at 8:55 PM.
     Chief Christman: I have no problem with 24-hour operation; it is very
convenient and welcome for emergency response personnel.
     Ms. Shocket: No one at today's staff meeting had problems with the
current hours of operations; Police Chief Tighe was specifically asked,
and he stated he had no problem with either request.
     Councilor Hines: Residents at prior hearings expressed opposition to
24-hour operations, although no one is present tonight to speak for or
against the application.
     Ms. Donovan: The applicant was notified in writing that they or a
representative should be present at this hearing.
     The hearing was closed at 9:00 PM. 

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

Council President Pease opened the hearing at 9:00 PM.
     Maria Fernandes, Area Sales Manager, was present.
     No one present spoke for or against the application.
     The hearing was closed at 9:01 PM.

Motion by Councilor McInnis, seconded by Councilor Hines to approve
additional victualing hours for Jamestown Xtra Mart from 4:00 AM to 6:00
AM daily, allowing operation from 4:00 AM until 2:00 AM, subject to
resolution of taxes and debts and obtaining signatures of all appropriate
Town officials.
     So voted by 4 in favor, none opposed and Councilor Robertson
abstaining.

Motion by Councilor McInnis, seconded by Councilor Hines to approve
additional victualing hours for Cumberland Farms Store #1108 from 5:00 AM
to 6:00 AM daily, allowing operation from 5:00 AM until 2:00 AM, subject
to resolution of taxes and debts and obtaining signatures of all
appropriate Town officials. So voted.

Susan P. Brayman, Tax Assessor, arrived at 8:55 PM.

  OPEN FORUM

1)   Scheduled Requests to Address (none)
2)   Non-Agenda Requests to Address

 (none)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's Report (attached hereto)
Additionally: Motion by Councilor McInnis, seconded by Councilor Liberati
to grant permission to the RI Department of Transportation to erect a
banner across Narragansett Avenue congratulating the Adopt-A-Highway
program and volunteers. So voted.

Property Assessment Appeals: Councilor Hines: Has the appeal period
passed? Ms. Brayman: Yes; the only changes now would result from
discovered errors.
     Councilor Hines: Recent sales, other appraisals and changes in
property type are things that seem to be affecting abatements granted by
the Tax Assessment Board of review; we are concerned about uneven
application throughout the Town.
     Ms. Shocket: The Governor's office is investigating the possibility
of the State getting more involved. Ms. Brayman: That would include
requiring revaluations every six years instead of ten.
     Ms. Shocket: The Assessor has had some differences with the Board;
she might incorporate comments to Council on her abatements/addenda
reports.
     Councilor McInnis: Council should probably stay out of it, but the
Assessor should feel free to bring differences to Council's attention.
     Councilor Liberati: It should also be noted that there are
fundamental differences between a municipal revaluation and private bank
appraisal.

2)   Status of Parking Committee (Solicitor's request)
Solicitor: One of the issues before the Zoning Board last month was the
wave screen project at East Ferry; the context was a requirement for 6
more parking spaces and whether or not the Board would allow them to be
offsite; a general discussion of East Ferry parking problems ensued;
petitions were presented regarding parking; I wanted Council to be aware
that people were asking the Zoning Board to address parking problems.
     Ms. Shocket: We are waiting to set another meeting of the Parking
Committee pending the results of the petitioners' door to door survey; I
spoke to Chief Tighe; Jamestown's requests to restrict parking on Walcott
and Conanicus Avenues to the State Traffic Commission were repeatedly
denied. Councilor Liberati to Ms. Shocket: Don't give up; contact Darcy
Magratten (one of the petitioners) and schedule another committee meeting.
     Ms. Shocket: Will do; the parking restrictions were approved locally
but signs were never erected because the State did not approve it.

  COMMUNICATIONS

1)   William and Elizabeth Brazil re: "Mullen" [sic] plat (Conanicut
Park): Councilor Liberati: I have had a lot of contact with this whole
issue; there is more to it than the letter states; no two surveyors will
agree; everything was reconciled by Boyer Associates (professional land
surveyors) last year; perhaps the Clerk should put a sticker on the Mullen
plat cross-referencing the Boyer survey.
     Councilor McInnis: The suggested wording is good.
     Councilor Liberati: Agreed; should put "see also".
     Solicitor: We cannot attest to the veracity of either; there is
potential danger.
     Councilor Liberati: Agreed; it just makes sense to point people to
the work that has already been done.

2)   James A. Thompson re: condition of road at 831 North Main Road: Ms.
Shocket: That area has since been paved.

3)   Mary Barone re: offer to donate land (Plat 5, Lot 115; Steamboat
Street): Council consensus: refer to Solicitor.

Motion by Councilor McInnis, seconded by Councilor Robertson to accept all
3 communications. So voted.

  NEW BUSINESS

1)   Victualing license renewal applications:
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the following renewals, subject to resolution of taxes and debts and
obtaining signatures of all appropriate Town officials. So voted. 
  East Ferry Market & Deli               Portuguese American Citizens Club
  Freddie Bing's Hotdog Thing (mobile cart)    Schoolhouse Cafe
  House of Pizza                Snack Shack
  Jamestown Family Pizza              Spinnaker's Sweet Shoppe & Cafe
(restaurant)
  Jamestown Oyster Bar (restaurant)               "     (mobile cart)
     "     (mobile cart)           Theatre Family Restaurant
  Page's                     Trattoria Simpatico

2)   Miscellaneous license renewal applications:
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the following renewals, subject to resolution of taxes and debts and
obtaining signatures of all appropriate Town officials. So voted.

        Applicant                        Type
        Portuguese American Citizens Club            Pool Table (1)
              "                    Juke Box (1)
              "                    Entertainment (full year)

Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the following renewal, subject to resolution of taxes and debts and
obtaining signatures of all appropriate Town officials, and to waive the
fee. So voted.

        Applicant                        Type
        Jamestown Senior Citizens   Association, Inc.         Bingo (full
year)
        (non-profit; requests waiver of fee)

  EXECUTIVE SESSION

Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:40 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