December 9, 1996

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:42 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
  Betty Hubbard, Planning Commission Chair
  Arthur J. Christman, Fire Chief
  James A. Donnelly, Esq., Town Solicitor


Councilor Hines requested removal of item #2.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the remainder of the consent agenda.
     So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes: 
  a) 11/25/96 (regular meeting)
  b) 12/02/96 (special financial town meeting)
3)   Copies of minutes of Boards and Committees
  a) East Bay Economic Initiative, Steering Committee (12/04/96)
  b) Board of Canvassers (10/15/96 & 11/20/96)
  c) Planning Commission (10/16/96)
4)   Letter of thanks from Thomas F. Ginnerty, Zoning Board of Review
5)   Attendance record from the Harbor Management Commission 
6)   CRMC Maintenance Certificate-Town of Jamestown (Conanicus Avenue;
Plats 8 & 9, Lots 355, 356, 595, 171, 183, 287 and 291) to install steel
"T" pile beams and precast panels

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


The Administrator requested discussion of real estate, under the
provisions of RIGL 42-46-5(a)(5); the Solicitor requested discussion of
litigation, under the provisions of 42-46-5(a)(2).


1)   Scheduled Requests to Address
a)   Donald R. Craik re: lighting Route 138 in North Kingstown (not

b)   Charles "Chip" S. Young re: ice skating at golf course: (distributed
handout to Council only); this would make the golf course a valuable asset
to the Town year-round; the physical plant is already there; I spoke to
the Mistowskis (current golf course lease holders); they have no
opposition to at least examining the possibility; I spoke to Ed Symanski
of RIDEM and he anticipated no problems, and said the approval process
would probably take two weeks; we would also need to pursue approval
through the RI Department of Health; I am willing to work as the Town's
agent, if Council so authorizes; RIDEM defers to the Dept. of Health; the
effluent is not toxic; there is plenty of parking, and food could be
     Mr. Goslee: The pond is already frozen. Mr. Young: I laid out a
financial scheme; the pond would be used about two months annually; the
voters, not all of whom are golfers, have been good enough to support the
acquisition of the golf course, including the recent additional land
purchase; it would provide year round use of Town property.
     Mr. Goslee: Our main concern is protection of the liner; that appears
to be addressable.
     Councilor Hines: The plan would probably come under the auspices of
the Recreation Department.
     Mr. Young: I spoke to the director, Matthew Bolles, and he has no
objection to the theory; Joseph Mistowski said it seems like a good idea;
Harriet Mistowski was not sure they would want to be the ones to open up
the food concession; I would be willing to give the Town an answer of what
I find out in two weeks; something like this that would be of benefit to
the whole Town should be part of the consideration in granting the lease:
will they maximize the benefit to the people of Jamestown over the course
of the year.
     Solicitor: The Mistowskis' lease is not only for the restaurant
(Caddy Shack), but for the land as well.
     Ms. Shocket: The RI Interlocal Risk Management Trust says it would be
a covered activity.
     Councilor Liberati: It is not a high risk, but we would be insured;
we could write it into the new lease; the most substantial issue is damage
to the liner.
     Mr. Goslee: We have about 2 feet of exposure. Councilor Hines: Ask
Mr. Bolles to take the lead with Messrs. Young, Goslee and Donnelly; Mr.
Bolles should look at the cost and what the budget would be.
     Mr. Young: I would like to see something going this year; the
response has been favorable as I have spoken to people; we may be able to
fund this with donations, at least to get it going.
     Motion by Councilor McInnis, seconded by Councilor Hines to request
of and authorize Charles S. Young to pursue the public skating pond as
outlined, with Ms. Shocket and/or her designee(s) to work with Mr. Young,
with a report due to Council on December 23. So voted.

c)   Doreen Anacko re: dog ordinance (nuisance violation): (distributed
statement to Council only, then read aloud); a retired neighbor has called
my house repeatedly over the last two years about noise made by my
children, dog, rooster and chainsaw, and he as complained about smoke from
my woodstove; because of his complaints, I have received many citations
and have had to go to court 14 times; most charges were dismissed; the
police have solicited complaints from my neighbors to appease this
neighbor; I was receiving harassing telephone calls, which the phone
company traced all by one to this neighbor; that was reported to the
police, who in turn refused to charge him, but agreed to tell him to stop;
I am still receiving dog citations, now on a noise ordinance revised last
     Should we have detectives assisting the dog officer on noise
complaints? Why wasn't my complaint regarding harassing phone calls been
responded to? I paid a $30 fine paid, wrongly, then tried to get the check
back from the police and Town Offices; when I received no response, I
stopped payment; I was then brought to court for violation of banking
     Councilor Robertson: I want to know more.
     Ms. Shocket: It is a police matter. Solicitor: There is more than one
     Ms. Anacko: I want the ordinance changed; this neighbor threatened me
last week; also, chopped pepperoni was left in my mailbox.
     Ms. Shocket: There is more to the story; her arrest (3 counts of
assault on a police officer) was upheld; I will provide further
information to Council.
     Councilor Robertson: We should not be arresting people on noise
violations if we do not use a decibel meter; if the cases cannot be won,
we are wasting time and money.

2)   Non-Agenda Requests to Address

: (none)


1)   Town Administrator's Report (attached hereto)
State Mandates: Following discussion, motion by Councilor McInnis,
seconded by Councilor Robertson to authorize Council President Pease to
sign the Town's request for reimbursement for unfunded state mandates.
     So voted.

Peking Garden: Following discussion, Ms. Donovan was instructed to speak
to the interpreter for the owners of Peking Garden regarding the health
department communications.
     Chief Christman: All fire safety issues have been satisfied.

2)   Planning Commission re:  1997-98 budget: Ms. Hubbard: There are no
numbers attached to our budget requests; we felt if you were amenable to
any of these items, we will pursue a budget; we are suggesting these as
Town items.
     Ms. Shocket: My recommended budget to Council is done; I have met
with all department heads, and this did not come up during those
discussions; the goals are good, but I am concerned about the process; the
request should have come from the Town Planner.
     Ms. Hubbard: He and we understood his budget was only for department
operations, not capital improvements.
     Ms. Shocket: When you and I spoke informally about it, I asked you to
get your request to me.
     Councilor McInnis: Submit it to Ms. Shocket for incorporation into
the public budget work sessions. Ms. Shocket: I can do an addendum.

3)   Zoning Board of Review (5 vacancies: 2 full members; terms ending
12/1998 and 3 alternate members; terms ending 12/1997)
a)   Letter of support from the Chair
     i) Catherine Finney, Member (request for reappointment)
     ii)   Dennis Grieco, II, Alternate (request for reappointment)
     iii)  Guy Settipane, Alternate (request for reappointment)
b)   Letters of interest from
     i) Don E. Wineberg
     ii)   Raymond W. Iannetta
     iii)  David Durand
     iv)   Joseph Logan (late receipt)
Council consensus: Schedule interviews of Messrs.
     Wineberg, Iannetta, Durand and Logan on December 16 beginning at 8:00
PM; David Clancy is still on the list as interested, but need not be
interviewed again; Ms. Finney and Messrs Grieco and Settipane were also
recently interviewed.

4)   Library Board of Trustees (1 vacancy; term ending 12/1999)
a)   Letter of support from the Chair
     i) Lisa G. Tyre (request for reappointment)
b)   Letters of interest
     i) Delia Klingbeil
     ii)   Ray Freiman
Council consensus: Schedule interviews for Ms. Klingbeil and Mr. Freiman
on December 16; Ms. Tyre need not be reinterviewed.

5)   Harbor Management Commission (3 vacancies; if favorable, order
a)   Requests for reappointment
     i) David B. Willis (Recreational Boating Community)
     ii)   Frederick Lorensen (Commercial Mooring Operator)
     iii)  David C. Pritchard (Commercial Fishing Industry)
Motion by Councilor McInnis, seconded by Councilor Robertson to advertise
all three vacancies. So voted.

Planning Commission: Motion by Councilor Hines, seconded by Councilor
McInnis to advertise one vacancy, in anticipation of the expiration of
Michael F. Smith's term. So voted.

6)   Jamestown's representative to New Visions for Newport County, Inc.
(if favorable, order advertised)
a)   Letter of resignation from Tomasz L. Jankowski
Motion by Councilor McInnis, seconded by Councilor Hines to send a letter
to New Visions indicating Jamestown's extreme difficulties in filling the
vacancy, indicating that we appreciate the opportunity to be represented,
but ask that they eliminate our representation until further notice.
     So voted.

7)   Report of Golf Course Committee re: bid results and recommendations
to Council: Councilor McInnis: The Town received 4 groups of bids: JCC
Associates [Kinnecom Caterers] at $67,000 for both restaurant and golf
course options with a 5% overage based upon revenue from golf and cart
rentals, and to include their completing the irrigation system as Option
1, or $40,000 for both options with a 10% overage and completion of the
irrigation system as Option 2; if Council is willing to extend the term,
they are willing to make additional capital improvements; New England Golf
Course Management (current lessee) at $80,000 plus 10% of revenues for the
golf course and lower level of the building only; they agreed to complete
the irrigation system, pave and line the parking lot, paint the entire
exterior of the building, install a restroom half way through the course,
etc.; that represents a great increase over their current lease agreement,
being almost triple what they are paying now, plus extensive capital
improvements; Johnson Turf and Golf: $85,000 for both options with a 5%
escalator; Wendell Turf Management: $60,000 for the course only, with
unequal annual percentages (between 4 and 10%); JCC's bid was about
$40,000 less per year than NE Golf Course Management's.
     Motion by Councilor McInnis, seconded by Councilor Hines to recommend
that Council appoint a negotiating committee consisting of Councilors
McInnis and Hines, and the Town Administrator and Solicitor, to negotiate
the terms of the new lease with New England Golf Course Management, Inc.
based upon their bid.
     Councilor Hines: The numbers are compelling, based on the revenue,
capital improvements and the fact that we would still have the restaurant
to lease.
     Motion so voted. Councilor McInnis: This does not include the
restaurant, and the current restaurant lessee (Charles and Patricia Masso)
did not submit a bid; JCC's focus seemed to be on the restaurant; the
Massos had indicated informally that he might be interested in discussing
it; the biggest issue seems to be competition with the downstairs
restaurant and liquor license.
     Councilor Liberati: We should put out an RFP for the restaurant alone
for a 3-year lease.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
advertise a request for proposals along the lines of the last restaurant
lease for the restaurant only, and to do so as quickly as possible.
     So voted. Ms. Shocket stated she would contact Joseph and Harriet
Mistowski of New England Golf Course Management.


1)   Community Development Block Grant (cont. from 11/25/96)
a)   Letter from RI Marine Trade Association re: request for support to
redirect funds
b)   Letter and additional information from Katie Lybrook, Project
Coordinator, East Bay Economic Initiative 
Councilor Hines: If the $5,000 in question can be redirected to other
local uses and activities, I think it would be more a valuable and
appropriate use of CDBG funds.
     Councilor McInnis: I agree; I think EBEI's goals are fine, but that
this is not an appropriate use of this money.
     Ms. Shocket: We may lose the funds, but I think we have a better
chance of directing it to an already approved program of this year's
application, like the revolving loan program.
     Motion by Councilor Hines, seconded by Councilor McInnis that the
Administrator correspond to the appropriate authorities requesting
redirection of $5,000 (previously requested for the East Bay Economic
Initiative) for affordable housing purposes. So voted.


1)   Letter from Corrine Colarusso and Victor Barchers re: application of
Conanicut Yacht Club for exception or variation under the Zoning Ordinance
2)   Letter from New Visions for Newport County, Inc. re: budget request
3)   Letter from the US Department of Commerce, National Oceanic and
Atmospheric Administration re: lobster habitat restoration project
4)   Letter from the Newport County Board of Directors re: RIGL 96-264-
"Historic Stone Walls"
Motion by Councilor McInnis, seconded by Councilor Robertson to accept all
four communications. So voted.


1)   Proposed joint pole location requests from New England Telephone and
Telegraph Company and Newport Electric Corporation (Hamilton Avenue, East
Shore Road and Florida Avenue): Motion by Councilor Robertson, seconded by
Councilor Hines to approve all three locations, subject to review and
approval by the Public Works Director. So voted.


Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:45 PM.
     So voted. Council returned to regular session at 10:07 PM. Motion by
Councilor McInnis, seconded by Councilor Robertson to seal the minutes of
the executive session to the public. So voted.

Ms. Shocket distributed her recommended 1987-8 budget to the Council for
review, with a proposed work session schedule.

Motion by Councilor McInnis, seconded by Councilor Robertson to approve a
lease with AT & T Wireless to lease space on the water tower for $24,000
annually plus $5,000 initial payment on such terms as may be approved by
the Administrator, subject to the Solicitor's review. So voted.


There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Hines to adjourn at 10:09 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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