TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND

  February 24, 1997

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
  Arthur J. Christman, Fire Chief
  J. Christopher Powell, Conservation Commission Chair
  James A. Donnelly, Esq., Town Solicitor

  SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Incident at Narragansett Cafe (continued from 01/27/97)
a)   Report from the Chief of Police
b)   Copy of letter from Daniel Alexander to the Chief of Police
Councilor Liberati stated he would be abstaining from any discussion or
vote.
     Ms. Shocket: Chief Tighe spoke to owner Daniel Alexander today; his
concerns appear to be resolved, but he wants commitment in writing; I
would recommend holding the Sunday Sales license for the Chief's 
signature, and that will ensure that he is satisfied. Motion by Councilor
McInnis, seconded by Councilor Robertson to approve the Sunday Sales
license renewal for Alexander Enterprises, Inc. dba Narragansett Cafe,
subject to resolution of taxes and debts and the signature of local
officials.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.

  CONSENT AGENDA

Councilor McInnis requested that item #1b be removed. Motion by Councilor
McInnis, seconded by Councilor Robertson to approve the remainder of the
consent agenda. So voted. The amended consent agenda consisted of:
1a)  Adoption of Council minutes: 01/27/97 (regular meeting)
2)   Bills and payroll
3)   Copy of minutes from the Library Board of Trustees (01/21/97)
4)   Invitation from the City of Newport to their annual St.
     Patrick's Day Parade (03/15/97)

5)   Resolutions from Other Municipalities
a)   Town of North Kingstown re: educational financial support      
b)   Town of Westerly re: Neighbor Day

1b)  Adoption of Council minutes: 02/10/97 (regular meeting) Councilor
McInnis: On page 4, about midway down, the sentence should read "......the
Building Official said the Commission should deny the proposed
subdivision, as they would be unbuildable lots.....". Motion by Councilor
McInnis, seconded by Councilor Robertson to approve the minutes as
corrected. So voted.

  EXECUTIVE SESSION ANNOUNCEMENT

The Solicitor asked to speak to Council in executive session, as
scheduled, to discuss litigation under the provisions of RIGL
42-46-5(a)(2). (No objection to the request.)

  OPEN FORUM

1)   Scheduled Requests to Address
a)   Gary Girard, President, Jamestown Shores Association re: RIDEM lot
variance (Yawl Avenue): Plat 16, Lot 73 abuts Jamestown Shores Association
property; the owner has requested ISDS variance from the State; since
asking to be on your agenda, I received verbal confirmation from Russell
J. Chateauneuf (Administrator of RIDEM ISDS permitting division) that the
request has been denied; we would oppose such a variance as it might
affect the future use of our property; our well is in the rear of our
building and the lot in question abuts behind us; we are also quite
concerned about the Town's groundwater study, and are  willing to work
with the Town to correct deficiencies; a Town Planner and/or Town Engineer
are needed by the Town to guide responses to these situations.

2)   Non-Agenda Requests to Address (none)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

Betty Hubbard, Planning Commission Chair, arrived at 7:50 PM.

1)   Town Administrator's Report (attached hereto)
Additionally:

Transfer Station: (The Solicitor distributed a draft amendment [as
requested by the Town Administrator] to the transfer station regulations
and corresponding ordinance regarding affixing the decal to the windshield
and disposal of white goods.) Mr. Donnelly: We are asking that the
regulations be amended now in time for distribution of the new publication
beginning March 1; the proposed ordinance amendment is for future
consideration.
     Councilor Liberati: Modifications of regulations should be part of
the published agenda before being voted upon, even if advertisement is not
required. Ms. Shocket: This represents clarification of existing
regulations; the intent is the same; the regulations should be available
when stickers become available, beginning March 1.Council consensus: No
need to do anything to regulations at this time.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
advertise the proposed amendment to Chapter 9, Section 9-14 of the local
ordinances for hearing on March 24. So voted.

2)   Report from the Solicitor re: proposed ordinance prohibiting smoking
at the Jamestown Community Playground and within ten feet of its
perimeter: Discussion about intended scope for the proposed prohibition,
including school property.
     Council President Pease: I originally pledged my support for the
Jamestown Community Playground on North Road, and a 10' perimeter around
it. Councilor McInnis: I would suggest prohibiting smoking at that
playground, the play areas at the school, and the play field at Eldred
Avenue.
     Solicitor: I believe the school has a policy, but it is not
enforceable by a specific ordinance.
     Councilor Robertson: How will signage be addressed? Councilor
McInnis: At least at established entrances; a statement can also be added
to the  regulations and/or permission forms issued by the Recreation
Director.
     Councilor Hines: I think we should limit it to the playground.
     Council President Pease: I agree.
     Hazel Turley: The neighbors of the playground report older children
there at night, which the police are responding to; will the police have
to enforce the smoking policy in addition to what they already do? There
are too many controls on people's lives.
     Councilor Robertson: I do not want to go through adopting an
ordinance that becomes unenforceable; also, I wonder about the
technicality of the passerby who is smoking but within 10 feet.
     Council consensus: Solicitor to revise the draft to restrict the
prohibition to just the playground and submit to Council for review on
March 10.

3)   Letter from James Bryer, Jr.
     re: Fire Department Compensation Committee 
Motion by Councilor McInnis, seconded by Councilor Hines to accept Arthur
J. Christman's resignation from the committee and appoint Keith Godena to
serve the remainder of the unexpired term.
     Chief Christman: Replacing me now instead of waiting for ordinance
amendment assists with continuity, as records are now being monitored
monthly.
     Eric Lexow: We need staggered terms, which will also provide
continuity.
     Solicitor will have a draft amendment of the ordinance  for March 10.
     Motion so voted.

4)   Letter from the Planning Commission re: Town Planner
Ms. Shocket: I would prefer keeping a contract planner to see how that
works out.
     Councilor Liberati: We budgeted for a Town Planner, and for
engineering fees; it may be appropriate to now make a policy decision and
advertise accordingly.
     Ms. Shocket: We may, in fact, achieve more continuity with a contract
planner instead of one full time (Jamestown has had four planners in ten
years); there were split opinions on the Planning Commission regarding
hiring a professional planner versus an engineer.
     Ms. Hubbard: We are happy with Jane Weidman (current contract
planner), but she is saying the lead times for meetings are inadequate;
she wants all materials in 2 weeks prior to the meeting; applicants will
have to wait a whole month; we could make one of our monthly meetings a
work session and the other the more formal meeting; there is considerable
activity right now.
     Ms. Shocket: Until we advertise, we will not know if there is an
appropriate planner/engineer.
     Mr. Powell: The funding raised by grant writing alone pays for the
salary; we should hear from outside planners to explain what that position
does for the municipality.
     Councilor Liberati: Instead of using $20,000 for an engineer, we
should perhaps use that amount for a contract planner, then use the
planning salary for an engineer; I am impressed that Barrington has been
able to get along so long and so well with a contract planner.
     Discussion about salary offering, experience, continuity and tenure.
     Council consensus: Ms. Shocket and Mr. Powell are to work together to
invite someone from URI's planning department and former Jamestown 
Town Planner George Meservey to discuss the requirements and contributions
of the position.

Donald Armington, Harbor Management Commission Chair, arrived at 9:08 PM.

5)   Tree Warden vacancy (if favorable, order advertised)
Ms. Donovan was instructed to contact the current tree warded, Paul
Vieira; if his is interested in continuing in that capacity, Council will
reappoint; if not, it is ordered advertised.

  UNFINISHED BUSINESS

1)   Open Space amendment to Zoning Ordinance (continued from 02/10/97)
(Mr. Donnelly is still compiling information; continue to March 10.)

2)   Peddlar license renewal applications: (continued from 02/10/97)
Applicant
Spinnaker's Cafe
Jamestown Oyster Bar
Jay Sullivan (of Spinnaker's): We took over the business in May last year;
we have a cart and used it for selling Del's lemonade, but we cannot
document the number of days; it was not very hot last summer; we attempted
to be open the requisite days, but the weather did not comply; we did use
it whenever possible, and  want to do it again.
     Motion by Councilor Robertson, seconded by Councilor Hines to approve
renewal of Spinnaker's Cafe's peddlar license.
     So voted by 4 in favor, none opposed and Councilor Liberati
abstaining.
     Regarding Jamestown Oyster Bar, Council President Pease indicated
that the owner's health had delayed a response.
     Council consensus: The matter is tabled for now and the Clerk is to
remind them accordingly.

  COMMUNICATIONS

1)   Letter from Charlotte S. Richardson re: Quattrocchi property
Motion by Councilor McInnis, seconded by Councilor Robertson that the
Solicitor is to send letters of explanation to Charlotte Richardson and
Arthur Clarke III (letter on February 10 agenda). So voted.

2)   Grievance letter from Frank Watson, President, IBPO Local 305 re:
Officer Marcos
Ms. Shocket: The parties have met; it is being worked out.

3)   Letter from Michael Powoni re: Fort Getty parking pass
Discussion regarding seasonal parking passes.
     Council consensus: Will need an estimate of the number that will be
needed; Solicitor to investigate and report at a later meeting.

  NEW BUSINESS

1)   Conanicut Yacht Club proposed land swap (continued from 02/10/97)
a)   Memorandum from the Conservation Commission
b)   Letter from Lisa Pointek, Supervisor, Land Conservation & Acquisition
Program
Ms. Donovan: Commodore William Burgin asked that this matter  be removed
from the calendar until further notice; I placed it on this agenda for
announcement purposes, since it was stated at Council's last meeting it
would be continued to tonight, hence the communications.
     Mr. Powell: The Commission's concern was, if you allow a swap on this
land which has conservation easements (granted in perpetuity), it could
establish a precedent for other property.

2)   Request from Denise Roche Rounds, Leader, Junior Girl Scout Troop 396
for waiver of pavilion rental fee
Motion by Councilor Liberati, seconded by Councilor McInnis to waive the
fee. So voted.

3)   Save The Bay's request for permission to use Potter Cove/Taylor Point
as landing site for their 21st Annual Swim the Bay event (07/26/97)
Motion by Councilor Liberati, seconded by Councilor McInnis to grant the
request, subject to the usual insurance conditions of the past. So voted.

4)   Private Investigator license renewal application:
Applicant
Andrew Cardarelli
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the application, contingent upon resolution of taxes and debts and
signatures of all appropriate local officials. So voted.

5)   Peddlar license renewal applications:
Applicant
Freddie Bing's Hotdog Thing
Snack Shack
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the application of Freddie Bing's Hotdog Thing for use at its usual East
Ferry location, contingent upon resolution of taxes and debts and
signatures of all appropriate local officials.
     So voted. Motion by Councilor McInnis, seconded by Councilor
Robertson to approve the application of Snack Shack for use at its usual
Mackerel Cove location, contingent upon resolution of taxes and debts and
signatures of all appropriate local officials, and subject to receipt of a
letter from the owner indicating intent for usage this year. So voted.

6)   Sunday Sales license renewal applications:
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the following applications, subject to resolution of taxes and debts and
signatures of all appropriate local officials. So voted.
Applicant
Conanicut Island Art Association
Conanicut Yacht Club
House of Pizza
Slice of Heaven

Applicant
Narragansett Cafe
(previously addressed under Alcoholic Beverage Licensing Commission)

7)   One-day Peddlar license application:
Applicant        Date     Location
Quononoquott Garden Club  05/17/97 East Ferry green
Motion by Councilor McInnis, seconded by Councilor Robertson to grant the
request, subject to  obtaining the signatures of all appropriate local
officials. So voted.

  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 10:10 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 Robertson to adjourn at 10:11 PM. So voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk

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