TOWN COUNCIL
JAMESTOWN, RHODE ISLAND
April 14, 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
Richard A. Hines
Steven M. McInnis

(Absent: Mark F. Liberati)

Also present were:

Frances H. Shocket, Town Administrator
Theresa C. Donovan, CMC, Town Clerk
Steven J. Goslee, Public Works Director
Thomas P. Tighe, Chief of Police
Christopher Powell, Conservation Commission Chair
Samuel Paterson, Harbor Master
James A. Donnelly, Esq., Town Solicitor

        AWARDS, presentations AND ACKNOWLEDGEMENTS

1)     National TV-Turnoff Week (April 24 - April 30, 1997; request of
Library Director Judith Bell): Motion by Councilor Hines, seconded by
Councilor McInnis that Council endorse the National TV-Turnoff Week and do
so by adopting a proclamation naming April 24 through April 30, 1997 as
TV-Turnoff Week in Jamestown. So voted.

2)    Fair Housing Month (April; request from Community Housing Resources
Board): Motion by Councilor Robertson, seconded by Councilor McInnis to
declare April as Fair Housing Month in Jamestown. So voted.

CONSENT AGENDA

Councilor Hines requested removal of item #2; Councilor McInnis requested
removal of item #4.
     Motion by Councilor Robertson, seconded by Councilor Hines to accept
the remainder of the consent agenda.
     So voted. The amended consent agenda consisted of:

1)  Adoption of Council minutes: 03/24/97 (regular meeting)
3)     Copies of minutes of Boards and Committees

Zoning Board of Review (02/25/97)
Planning Commission (03/05/97 & 03/19/97)

5)    Letter of thanks from Jamestown Under-l0 Soccer Team

6)  Copy of letter from Commonwealth of Massachusetts to Planning
Commission re: Dr. Numi (Goodyear) Mitchell
7)   Coastal Resources Management Council notices
a)  Residential assent: Gina V. Cofone for renovations and addition to
existing 3 bedroom residential dwelling and upgrade of ISDS (Flat 3, Lot
128; 425 Seaside Drive)
b)  Residential assent: William S. Nicholson, Jr. and Susan Pease
Nicholson for renovations and addition to existing 3-bedroom residential
dwelling and upgrade of ISDS (Flat 4, Lot 50; 366 East Shore Road)
c)  Finding of no significant impact: Gregory K. Zeek to re-shingle
building (Flat 8, Lot 615; 194 North Road)
d)  Finding of no significant impact: Peter Moseley to replace siding,
windows, sills and roof shingles and rebuild porch roof (Flat 7, Lot 44;
14 Dewey Lane)

8)     Abatements/Addenda of taxes report of Tax Assessor submitted
04/10/97

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

4)     Resolution from Town of Barrington re: legislation allowing
coastline communities the authority to adopt rules and regulations in an
attempt to reduce cigarette litter and pollution at public beaches: Motion
by Councilor McInnis to adopt a resolution substantially similar to
Barrington's, and forward it to Senator M. Teresa Paiva-Weed and
Representative George Levesque for introduction in the General Assembly.
     Councilor Hines: I thought it was moving anti-smoking to the point of
ridiculousness.
      Councilor McInnis: I am thinking of Mackerel Cove.
     Mr. Powell: We could get an idea of how prevalent the problem is here
during the shoreline clean up on Saturday.
      Ms. Shocket: I will also ask the Parks and Recreation Director for
his opinion.
     Councilor McInnis withdrew his motion and suggested the Substance
Abuse Prevention Task Force be asked if they have a position.
     Motion by Councilor McInnis, seconded by Councilor Hines to approve
receipt of item #4, with the caveat that it will be addressed at the
Council meeting on April 28. So voted.

OPEN FORUM

1)  Scheduled Requests to Address
 William Murphy re: golf course: The minutes of Council's March 10 meeting
said that Charles Masse's offer to lease the country club restaurant was
$6,000 per year and substantial capital improvement; the offer was
actually $28,500 over a 3-year period; there was no requirement for
capital improvement from the Town; that should be cleared up.
     Councilor McInnis: His offer said the building was in need of
improvements; we were under the impression they needed to be made for him
to agree to a lease.
     Councilor Hines: If he is still interested, we should probably hear
from him; if the capital improvement is not a requirement, it might be
worth further discussion.
     Council President Pease: Given the current state of having no lessee
and no kitchen, it might be a good time to see what the citizens want for
that facility.
     Mr. Murphy: Did you have a bid opening? Ms. Shocket: As a matter of
real estate, it was done in executive session on January 13; on January
27, it was discussed again and the Council voted not to accept the bid.
     Councilor McInnis: We went back to him regarding continuation of the
reduced rent he was already paying; he said no.
     Mr. Murphy: When did Council authorize the sale of the equipment? Ms.
Shocket: On February 10.
     Mr. Murphy: But there was no actual vote. Ms. Shocket: No vote is
usually taken on matters of this type; I keep Council informed. Councilor
Robertson: I heard some items were sold that I was not under the
impression would be, but I am not sure.
     Mr. Murphy: The discussion on March 10 even included using it as a
hall for rent; but all the equipment has been sold off.
     Solicitor: A couple items have been sold off, but not all.
 Charles Masse (not scheduled): A couple items were sold at auction, and a
couple before that; the estimated value of the Town's used equipment was
$1,200; it brought in about $1,600; some tables and chairs did sell, but
not all; it was mostly valueless equipment.
     Ms. Shocket: I sent a memorandum to Council on January 20 with Mr.
Masse's estimate of our assets.
      Mr. Murphy: If you rejected a lease offer for 3 years at a total of
$28,500, you must have something else in mind.
     Councilor McInnis: That facility has a history of years at low rent,
coupled with continuing capital costs; it is simply not worth opening the
place for $6,000 when the bidder tells us how many improvements it still
needs at half of what he paid the year before.
      Mr. Masse: I was willing to trade off rent money for leasehold
improvements; that was in my offer; I made no demand on the Town to do
those repairs; the list was there for you to consider me doing those
repairs instead of rent; I was willing to pay $28,500 over three years
without making any improvements; while I was there, I made several
improvements without asking the Town for a dime; since Joseph Mistowski
(golf course lessee) was committed to doing so many improvements, I was
suggesting I make these improvements at the same time in lieu of rent; I
made a list of what was needed in the building.
     Mr. Murphy: What alternative are you still considering? Councilor
McInnis: Because we sold off $1,400 worth of junk, you are assuming it can
no longer be used as a restaurant.
     Mr. Murphy: You refused an offer for $28,500 over 3 years. Council
President Pease: The same person had been paying $15,000 annually; what
would be thought of reducing that to $6,000 annually? I have no problem
with him making that offer; we went back to him and asked if he could pay
more; he said his accountant said the numbers did not work.
     Councilor Robertson: There is nothing pending that I know of; Council
has made no decision; it is not up to Council to originate those ideas;
those come from the public.
     Councilor McInnis: If we rented it for three years for half of what
it had been rented before, you would be here criticizing that; it was
advertised twice; we received no better bid.
     Mr. Masse: When the first advertisement appeared, I called and asked
if I could bid on the restaurant alone, and was told I could not.
     Council President Pease: There is no plan for a specific use of that
facility right now; we need a work session to determine public sentiment;
I do feel a responsibility to not put something upstairs that will destroy
the business we have downstairs; a continuation of the Golf Course
Committee could consider this too.
     Mr. Powell: Charge the committee to come up with ideas prior to a
work session.

2)    Non-Agenda Requests to Address Priscilla Smith Thayer: Chilli's
restaurant of Middletown is planning a party on Monday, May 19 at the
Remhijas Pavilion at Fort Getty; we would like to extend the closing hour
from 10:00 PM to 1:00 AM; the store closes at 11:00 PM, and we would like
those employees to be able to attend after they get out of work.
     Ms. Shocket: The curfew has only been waived for a few occasions,
mainly fund raisers; it is a family park; the Parks and Recreation
Director is opposed to the extension.
     Ms. Thayer: Everyone attending will be over 18; we would be serving
alcohol, but only to those over 21; if Council cannot extend it to 1:00
AM, then at least make it until 11:00 PM.
     Ms. Shocket: The Director is strongly opposed; the people at the
campground want no activity after 10:00 PM, when the park closes; the park
officially opens on May 17; the precedent is not a good one.
     Councilor Robertson: I do not see a good reason to deny it; I have
seen things going on there until midnight.
     Ms. Thayer: There will be no disc jockey or band, only a radio. Ms.
Shocket: There were more police calls to the park during the last year,
and the Director has added to his staff to prevent problems; he is adamant
about this.
     Councilor Robertson: We are the ones that make the decision.
     [Ms. Shocket attempted to contact the Director by telephone; since he
was not able to come to the meeting before adjournment, Council consensus
was to place the matter on the April 28 agenda for further consideration
with him present.]

Mr. Powell: The shoreline cleanup is scheduled for this Saturday, April 19
in observance of Earth Day; all are invited to participate; volunteers
picked up 5.5 tons of trash last year

John P. Caito, PE: I have a request under New Business, and am asking to
be heard at this time.

Motion by Councilor McInnis, seconded by Councilor Hines to amend the
agenda to move the request of Cajacet Farms to this point.
     So voted. Mr. Caito: Bertram Parker, Linda Malouin and I are partners
in Cajacet Farms, LLC; we purchased part of the former Vieira Farm; we
propose dividing Flat 2, Lot 5 into four lots; there are preexisting lots
on Court Street, which is part of the Conanicut Park, which was divided
before the subdivision ordinance; we want to go before the Planning
Commission; Court Street needs to be declared a public road; it is
currently a paper street; it is a dirt road that I plow in the winter.
     Mr. Goslee: The Town allows the use of a paper road as a driveway for
access; if you want the Town to accept and maintain the road, you must 
put in the road to the Planning Commission's standards.
     Mr. Caito: We bought this property to increase our respective lands;
we are not asking the Town to upgrade it; we understand it is a Town road
as a paper street, but not accepted. Solicitor: The zoning ordinance
requires frontage on a street; the definition of "street" requires
acceptance by the Town.
     Councilor McInnis: If we accept the road, what is our obligation to
upgrade it? Solicitor: I would have to research that.
     Mr. Donovan: It could be a difference in the definition of "street"
when the zoning ordinance amended that is bringing this to the fore now.
     Mr. Caito: Alternatively, if Council would support my going to the
Zoning Board for creation of a lot without frontage, that might help; this
definition is not the same as that which appears in the subdivision
regulations.
     Ms. Shocket offered to speak to former Town Planner George Meservey
to determine the intent of the definition. Solicitor: It may 
be mandated by State law.
     Councilor McInnis: If it should not be that way, the best solution
may be to amend the zoning ordinance.
     Council consensus: put on the April 28 agenda for reports from the
Administrator and Solicitor.

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

Town Administrator's Report (attached hereto)

Additionally:

Senior Center: The Friends of the Jamestown Seniors have submitted signed
plans to the Building Official for the elevator addition; it will have to
go to the Planning Commission since it involves alteration of a certain
percentage of the exterior.

Skateboarding: Council last addressed skateboards and inline skates on
April 22, 1996, at which time it was determined that skateboards are
allowed on private property only; the Parent-Teacher Organization is
sponsoring a "Motion Madness" event at the school on May 17; that would be
a good opportunity to publicize the law and stress safety issues.

Taylor Point: Councilor Robertson: Who is responsible for trash removal?
Ms. Shocket: The litter corp. puts trash out the barrels and Island
Rubbish empties them.

Affordable Housing: Councilor Robertson: Are the condemned houses being
released by the RI Department of Transportation? Ms. Shocket: That is to
be done by RIDOT to Church Community Housing; the hold up has been with
RIDOT; I will follow up. Councilor Robertson: Send a letter to RIDOT.

Stone Wall: Councilor Robertson: What is the status of the stone wall on
the new frontage road (Tashtassuc Road)? Councilor McInnis: I believe they
belong to the private property owners.
     Ms. Shocket: I am not sure if the broken areas are from accident
damage or vandalism/theft; I do not regard us as owners of the wall.
     Councilor McInnis: The property division of RIDOT should know.
     Ms. Shocket agreed to pursue.

Police Cruiser: Motion by Councilor McInnis, seconded by Councilor
Robertson to approve awarding the bid to the only bidder, AMI, for
$23,055. So voted.

Arbor Day: Motion by Councilor McInnis, seconded by Councilor Robertson to
approve adoption of the proclamation as attached to the Administrator's
report, declaring April 26 as Arbor Day in Jamestown. So voted.

2)      Library Board of Trustees (Chair's letter supporting reappointment
of Jane Lippincott): Motion by Councilor McInnis, seconded by Councilor
Robertson to advertise one vacancy. So voted.

3)     Conservation Commission (Letters of interest in reappointment
(Richard H. Tyre and Charlotte Zarlengo)): Motion by Councilor McInnis,
seconded by Councilor Robertson to advertise two vacancies. So voted.

COMMUNICATIONS

1)      US Bureau of the Census re: Census 2000 preparation Motion by
Councilor Robertson, seconded by Councilor McInnis to accept the
communication. So voted.

NEW BUSINESS

1)      Discuss future of country club restaurant facility and schedule
work session: Council consensus: schedule a work session following a
meeting of the Water and Sewer Commissioners at 8:00 PM on Monday, June 16
at the Jamestown Philomenian Library.

Request of Cajacet Farms, LLC that Court Street be accepted as a street
(previously addressed under Open Forum)

3)    Request of Joseph A. Mirra that Pole #10 on Hull Street be relocated
(Flat 14, Lot 49) Mr. Goslee: It costs about $2,300 to relocate a pole;
there is a sales agreement; I understand the purchaser is moving the
driveway by mirror imaging the ISDS layout; I will confirm it is the same
property.

4)    Sunday Sales license applications:

Applicant
 The Shop

Location 47 Conanicus Avenue (Unit 4)

Motion by Councilor Robertson, seconded by Councilor McInnis to approve
the license request contingent upon resolution of taxes and debts and
signatures of all appropriate local officials. So voted.

Applicant Holly Howard dba The Secret Garden (transfer from Wildflower
Flower Sales Corp. dba The Secret Garden; contingent upon closing)

Location

12 Southwest Avenue

Motion by Councilor McInnis, seconded by Councilor Robertson to approve
the transfer request contingent upon resolution of taxes and debts and
signatures of all appropriate local officials. So voted. 

Jamestown PTO*

Lawn Avenue school playground

(* = requests waiver of fee(s))

05/17/97

Motion by Councilor Robertson, seconded by Councilor Hines to approve the
license request contingent upon signatures of all appropriate local
officials, and to waive the fee. So voted.

Applicant Central Baptist Church*

Location 99 Narragansett Avenue and portion of 93 Narragansett Ave.

(* = requests waiver of fee(s))

Date 05/26/97 and 06/21/97

Motion by Councilor Robertson, seconded by Councilor Hines to approve the
license request contingent upon signatures of all appropriate local
officials, and to waive the fee for both dates. So voted.

Taylor Point: Mr. Powell: All of the original improvements were done with
a grant; the poles and fencing are now in need of repairs; their breakdown
is encouraging motorists to drive down the embankments.
     Mr. Goslee: That would be under the jurisdiction of Parks and
Recreation. Ms. Shocket stated she would discuss it with the director.

                     ADJOURNMENT

There being no further business before the Council, motion by Councilor
McInnis, seconded by Councilor Robertson to adjourn at 9:34 PM. So voted.

C. Donovan, CMC

Town Clerk