March 10, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:40 PM by Council President Fred
Pease. The following members were present:
  Paul A. Robertson, Vice-President
  Mark E. Liberati
  Steven M. McInnis
(Absent: Richard A. Hines)

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


Councilor Liberati asked that item #2 be removed. Motion by Councilor
McInnis, seconded by Councilor Robertson to approve the consent agenda as
amended. So voted. The amended consent agenda consisted of:
1)   Adoption of Council minutes:
a)   02/24/97 (regular meeting)
b)   03/03/97 (financial town meeting)
3)   CRMC notice: Gary Franklin and Kenneth Grussy (Plat 4, Lot 33; 368
East Shore Road) re: subdrain
4)   Resolutions from other municipalities re: educational financial
a)   Town of Glocester
b)   City of Providence
c)   Town of Hopkinton
5)   Quarterly meeting notice of the RI Government Finance Officers
Association (03/19/97)
6)   Copies of minutes of Boards and Committees
a)   Board of Canvassers (02/18/97 and 02/26/97)
b)   Zoning Board of Review (01/28/97)
c)   Planning Commission (12/04/96, 12/18/96 and 01/15/97)
d)   Harbor Management Commission (02/12/97)

2)   Bills and payroll: Councilor Liberati: Councilor Hines had a question
regarding the payment to Fire Resources Inc.. Chief Christman: It was for
repairs to the new Engine #3; it came out of last year's maintenance
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve bills and payroll. So voted.


Councilor McInnis asked to speak to Council in executive session, as
scheduled, to discuss real estate under the provisions of RIGL
     The Solicitor requested an executive session, as scheduled, to
discuss litigation (42-56-5(a)(2). (No objection to either request.)


1)   Scheduled Requests to Address
a)   Rebecca Andreozzi of Jamestown Under-10 Soccer Team (request for
donation for North American Championship tournament toward expenses;
letter submitted): We are hoping you can support this team; the boys sold
candy to raise money, and also had a pasta dinner where they waited

Dr. Rocco Andreozzi: I coach this team; this is the only team from
Jamestown to go to this level; this is a regional organization with a core
from Jamestown (now 7 members from town and 7 not, originally 8 and 6); we
are about $2,000 short of our goal.
     Councilor Liberati: I feel too close to all of these people to
     Council President Pease: I would favor supporting it; it is a worthy
     Councilor McInnis: I agree it is a great honor and opportunity, but
am concerned about setting a precedent for donating to a private
organization consisting of members other than Jamestowners; it could be
analogous to the donations we have made for Naval ship commissionings.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
donate $150 to the Jamestown Under-10 Youth Soccer Association, with the
understanding that it is being given to an organization which includes
local youths going on to a national event.
     So voted by 3 in favor, none opposed and Councilor Liberati

2)   Non-Agenda Requests to Address

William Murphy: I would like Council to clear up a rumor regarding the
golf course restaurant's use; I want to know where the Town is going; I am
hearing that the Town wants to put some of its offices up there; I would
like to see it continue to be used as a restaurant, but understand the
Town is selling off the restaurant equipment; I would encourage the Town
to let everyone know it is available; there are not too many places in
town that can seat 250 people.
     Councilor McInnis: The winning bid for the golf course did not
included the restaurant; we spoke to several parties we knew might be
interested and also readvertised for the restaurant only; with that, the
only response received was from Charles and Patricia Masso; that was so
low, it is not in our best interest to reopen the facility; they offered
$6,000 annually, but wanted the Town to make many capital improvements; we
advertised it twice; the only decision Council has made so far is not to
readvertise it; there is no further plan right now; regarding relocation
of Town Offices, the first step is a feasibility study for town
facilities, which was funded by the budget just passed; if that were a
multi year plan that might take time to implement, it might make sense to
put some offices up there temporarily, but we are not at that point.
     Ms. Shocket: We advertised the entire facility in the Providence
Journal, then the restaurant only in the Jamestown Press.
     Councilor Robertson: I suggest readvertising in Providence and Boston
     Council President Pease: The Mistowskis have made a very good
commitment; how would it work for someone to come from somewhere else to
make a big time restaurant on the upper level and share the facilities,
such as the parking lot when a golf course tournament is scheduled he same
day as a wedding reception.
     Councilor McInnis: There have been three restaurants there; they did
not succeed. Mr. Powell: It should be advertised more broadly. Councilor
Robertson: I do not think that is an ideal place to put town offices.
     Council President Pease: I never heard anyone say they belong there;
however, using it for temporary relocation of offices would be functional.
     Councilor McInnis: As a restaurant, that has been nothing but a
headache and has cost the Town a lot of money.
     Ms. Shocket: The golf course consultant we hired said independent
restaurants at that type of facility do not work; that opinion concurs
with our actual experience.
     Mr. Murphy: Then the Town should keep it as a hall for rent; Mr.
Masso said that could bring between $350 and $500 per event; you could 
subcontract out the opening and closing of the building; we have an asset
that needs to be used. Councilor Robertson: Having two restaurants in the
same building has problems, but I think it is worth exploring further.
     Councilor Liberati: Even renting it out on a per diem basis with used
kitchen equipment could bring problems; if you want to rent it out as
simply a hall with electricity and running water only, it might be worth
it. Council President Pease: I will discuss it further with Mr. Masso to
see what his thoughts are for its viability.


1)   Town Administrator's Report (attached hereto)
False Fire Alarms: Chief Christman: I recommend that fines be raised to
$25, $50 and $100; when there is a malfunction due to a bad detector or
for no apparent reason, it is costing money to dispatch apparatus
repeatedly in the same night to some houses; most people take care of it;
accidental alarms are one thing, but malfunctions where the owner is
advised and does not respond is an abuse; right now, the penalty is only
$10, and it is ineffective.
     Councilor Liberati: I agree, they should pay heavy fines; notify us
if you have trouble collecting.
     Solicitor: The ordinance addresses all alarms together (burglar,
fire, etc.); it is a different situation when a paid police officer is on
patrol and responds to an alarm, versus volunteers responding with various
equipment; that will have to be separated in any amendment.
     Motion by Councilor McInnis, seconded by Councilor Liberati that the
Solicitor prepare an amendment to the Code of Ordinances, Section
2.5-13(f) to differentiate between fire alarms and other types of alarms,
and to establish a penalty in the amount of $25 at the third false alarm,
$50 for the next false alarm and $100 for each false alarm after that, all
within a 365 day period, leaving the penalty unchanged for other types of
alarms. So voted.

Tree Trimming : Motion by Councilor McInnis, seconded by Councilor
Robertson to award the pruning contract to Largess Forestry in the amount
of $2,400 for tree pruning on Narragansett Avenue. So voted.
Beach Sticker Fees: Ms.  Shocket: I suggest raising the fee for beach
stickers from $5 to $10 for the season; it does not affect the cost of the
second transfer station sticker, which continue to be $5; it costs about
$18,000 annually to staff the beach (2 lifeguards and 1 parking
attendant); current  revenues are about $8,500.
     Motion by Councilor McInnis, seconded by Councilor Robertson to raise
the beach only resident sticker to $10 for the season. So voted.

Aquaculture Proposals: Councilor Liberati: The State is promoting
aquaculture, but is currently dealing with applications on an ad hoc
basis, since there is no master plan; for land based uses, it is
fundamental that municipalities have comprehensive community plans before
they can enact zoning codes; conversely, the State is giving out leases
for aquaculture uses without such a plan, and it must be addressed before
it gets out of hand and other uses become inhibited (ie.
     recreational boating, quahogging, etc.); a master plan should be
adopted. Councilor McInnis: Jamestown's Harbor Management Commission wants
the CRMC to develop its own master plan for the state as a whole, and to
respond to Jamestown's proposal for guidelines under our own harbor
management plan, followed by local adoption.
     Councilor Pease: I am not opposed to aquaculture, but believe there
should be a plan.
     Motion by Councilor Liberati, seconded by Councilor McInnis to send a
letter to CRMC urging them to adopt its own master plan for the state and
adoption, with their approval, of an amendment to our comprehensive Harbor
Management Plan to have a specific aquaculture plan for the Town of
Jamestown. So voted.

Highway Barn Engineering Reports: Councilor Liberati: I cannot see
building a new highway barn at the site of the transfer station on North
Road because of the logistical distances; I support locating it at the
site of the sewage treatment plant at Taylor's Point; it would be
consistent with the existing use; we need to determine the CRMC 200' line
of demarcation to establish the building envelope.
     Councilor McInnis: Zoning is also an issue at the transfer station
site; Taylor's Point is a proposed OS II zone, and this use would be
allowed; the transfer station in the RR-80 zone, which prohibits this use;
I cannot see us supporting something flatly contrary to our zoning law.
     Ms. Shocket: It is curious that the North Road property was purchased
for this purpose.
     Motion by Councilor  Liberati, seconded by Councilor McInnis that Ms.
Shocket hire a professional to determine wetlands and coastal lines with
appropriate buffers for an amount not to exceed $2,000.
     Mr. Powell: What if we have to expand the sewage treatment facility
in the future? Mr. Goslee: That possibility is already factored in. Ms.
Shocket: This would be lower and to the west. Motion so voted.

Decatur Avenue: Councilor Robertson: What is the status of this road? Ms.
Shocket: It is a private, improved street; we discussed at staff meeting
today the various categories of streets: public improved, public
unimproved, private improved, and private unimproved;  non-dirt roads
traditionally are not plowed because they are more like driveways; the
roads in Shoreby Hill and the  Foley Plat are private, but have been
plowed for years; no one knows why; a study undertaken in 1992 declared
there was a potential right of way at Decatur.
     Councilor Robertson: The Town did plow Decatur 15-20 years ago.
     Ms. Shocket: The residents said they had paid a private contractor,
but were having trouble working that out now.
     Councilor Robertson: The Town did it in the past and should do it
     Ms. Shocket: Council then needs to look at its policy as it may
affect the remainder of the streets rather than ad hoc.
     Councilor Liberati: Look at  Decatur, Dewey Lane and the remainder of
Battery Lane; all residents would have to agree.
     Councilor McInnis: If it is a private road, we have no right to pave
or plow it if any one of the residents on that street does not want it.
     Motion by Councilor Liberati, seconded by Councilor Robertson that
the Town commence plowing the following private improved roads: Decatur
Avenue, Dewey Lane and the remainder of Battery Lane,  providing there is
100% consensus of the residents on each of those roads. So voted.

Mowing at Fort Getty: Councilor Robertson: What is the status of the area
that was supposed to be mowed over the winter for special event parking?
Mr. Goslee: We need to have the area delineated; there are wetlands
     Ms. Donovan was instructed to check the minutes where last discussed
and report back.

2)   Report from the Solicitor (continued from 02/24/97)
a)   Proposed ordinance prohibiting smoking at the Jamestown Community
Playground: The Solicitor submitted a revised draft per last meeting's
     Motion by Councilor McInnis, seconded by Councilor Liberati to
advertise for public hearing on March 24 a new Section 15-18 of the Code
of Ordinances prohibiting smoking at the Jamestown Community Playground.
     So voted.

b)   Proposed amendment to the ordinance providing for tax relief for the
members of the Jamestown Volunteer Ambulance Association and Jamestown
Volunteer Fire Department: The Solicitor distributed a draft amendment.
     Motion by Councilor McInnis, seconded by Councilor Liberati to
advertise for public hearing on March 24 an amendment to Section 7-44 of
the Code of Ordinances regarding length of terms for members on the
respective committees. So voted.

Councilor McInnis instructed the Clerk to place the following proposed
amendments on the March 24 agenda: Open Space in the Zoning Ordinance and
Toilet Regulations in the Code of Ordinances.

3)   Affordable Housing Committee
a)   Letter of resignation from Ralph R. Coppola
Motion by Councilor McInnis, seconded by Councilor Robertson to accept the
resignation with thanks for his service, and to order the vacancy
advertised. So voted.

4)   Memorandum from Town Clerk re: questions for local ballot
Motion by Councilor McInnis, seconded by Councilor Robertson to put the
following question on the May 7, 1997  ballot: "Shall Section 706 of the
Town Charter be amended to provide for three (3) alternate members of the
Zoning Board of Review?". So voted.


1)   Proposed toilet replacement ordinance: Councilor Liberati: This will
be on the March 24 agenda.
     Solicitor: I got the standards for the draft from the State Building
Code; we would need enabling legislation.
     Mr. Powell: I gave Council an article written by Block Island's Town
Manager; that community just completed a comprehensive water plan; they
have a plan for residential and commercial use and conservation; there
will also be an upcoming work shop on the plan; the study cost about
$65,000; they are looking seriously at desalinization.
     Ms. Shocket: Algae bloom in their main reservoir has become a serious
     Councilor Liberati asked Mr. Goslee to send a notice of te work
session to the Water Study Committee members.

2)   Existing parking statute at East Ferry: (Solicitor distributed a
summary.) Councilor Liberati to Ms. Shocket: Set up another meeting of the
Parking Committee; this seems to satisfy our concerns.
     Councilor McInnis: We need to put up signs on Walcott Avenue for "No
Overnight Parking". Mr. Goslee: We can do that.


1)   Letter from Jody Lexow re: condition of benches at East Ferry
Ms. Shocket: They are being destroyed by skateboarders; they are also
using a parking bumper on the Town Hall steps; when we do the East Ferry
improvements, it could be addressed; the broken planks can be repaired,
but they may be broken again; the planned new benches are made of steel
with arms, and slats going in a different direction; it will cost between
$9,000 and  $10,000 to replace them; in the meantime, I will take care of

2)   Letters re: Mackerel Cove Heights
a)   Conrad Henselder
b)   Robert W. Sutton, Jr.
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
receipt of the communications. So voted.


.1)  Sunday Sales license renewal applications:
Zeek's Bait and Tackle
Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the application, subject to resolution of taxes and debts and signatures
of all appropriate officials. So voted.

Jamestown Golf and Country Club: Motion by Councilor McInnis, seconded by
Councilor Robertson to amend the agenda to include the applications of
Jamestown Golf and Country Club aka Caddy Shack for renewal of their
Sunday Sales and Victualing licenses.
     So voted. Motion by Councilor McInnis, seconded by Councilor
Robertson to grant the Victualing license renewal, subject to resolution
of taxes and debts and signatures of all appropriate officials.
     So voted. Motion by Councilor McInnis, seconded by Councilor
Robertson to grant the Sunday Sales license renewal, subject to resolution
of taxes and debts and signatures of all appropriate officials. So voted.


Motion by Councilor McInnis, seconded by Councilor Robertson to adjourn to
executive session at 9:30 PM.
     So voted. Council returned to regular session at 10:00 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
Robertson, seconded by Councilor McInnis to adjourn at 10:01 PM. So voted.


Theresa C. Donovan, CMC
Town Clerk

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