TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  April 28, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:38 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
  Arthur J. Christman, Fire Chief
  Matthew Bolles, Parks, Beaches and Recreation Director
  James A. Donnelly, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

Councilors Hines and Liberati: Motion by Councilor McInnis, seconded by
Councilor Robertson to amend the agenda to add an item of appreciation.
     So unanimously voted. Motion by Councilor McInnis, seconded by
Councilor Robertson that the Town Council, on behalf of the Town of
Jamestown, express its sincere appreciation and thanks to Councilors Hines
and Liberati for their loyal and tireless efforts during their terms on
the Council.
     Councilor McInnis: They have always done what they felt was in the
Town's best interest through what is virtually a volunteer effort; both
individuals exemplify public service.
     Motion so unanimously voted. (Commemorative plaques were presented to
Councilors Hines and Liberati by Council President Pease.)

  SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Public Hearing (Class B-Victualer transfer application):
  
Frick-Em, Ltd.            TO    Midwest Electric, Inc.
dba Frick's at the Bay View              dba Bayview Bar and Grille 
53 Conanicus Avenue, Unit 1R          53 Conanicus Avenue, Unit 1R

Council President Pease opened the hearing at 7:43 PM.
     Doreen McCann (owner of Midwest Electric, Inc. and Unit 1R): I would
like to see the license transferred back into my possession; I own the
property; I would like to reopen as Bayview Bar and Grille.
     There being no one else wishing to speak in favor or against the
application, Council President Pease declared the hearing closed at 8:44
PM. Councilor McInnis asked who the stockholders were. John Coffey, Esq.,
representing Ms. McCann stated that she is the sole stockholder, as well
as sole officer and director.
     Councilor McInnis inquired about the lease status.
     Mr. Coffey: That has been terminated and the premises have been
vacated. Councilor McInnis: Has the menu been developed? That is a
requirement for the victualing aspect.
     Mr. Coffey: Not yet; this happened fairly suddenly; Ms. McCann is
hoping for a far simpler menu; it will be a restaurant, not a bar; the
transfer to Volker Frick has turned out not to be successful; Ms. McCann's
husband died in the interim; she needs to get the liquor license back as
an asset of her own.
     Councilor Liberati: As long as she understands she has to serve food
or the license is in jeopardy.
     Ms. McCann: It would never be just a bar; there is a full kitchen
there.
     Councilor Hines: We could approve the transfer subject to proof of a
health department certificate and the service of food.
     Councilor McInnis: There are also two liquor dealer liens.
     Clerk: We are also awaiting the state certificate of good standing.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the transfer of the Class B-V license from Frick-Em, Ltd. to
Midwest Electric, Inc. upon the condition and representation that Doreen
McCann is the sole shareholder, and upon the condition that all liens are
satisfied. So unanimously voted. Motion by Councilor McInnis, seconded by
Councilor Robertson to grant a Class B-V license to Midwest Electric, Inc.
dba Bayview Bar and Grille, subject to receipt of proof of a health
department certificate, resolution of taxes and debts and signatures of
all appropriate local officials. So unanimously voted.

  CONSENT AGENDA

Motion by Councilor McInnis, seconded by Councilor Hines to approve the
consent agenda as presented. So unanimously voted. The consent agenda
consisted of:
1)   Adoption of Council minutes: 04/14/97 (regular meeting) 
2)   Bills and payroll
3)   Copy of minutes of Library Board of Trustees meeting (03/18/97)
4)   Invitation from the Newport County Community Mental Health Center re:
seminar (05/14/97) entitled "Treatment of Depression and Anxiety; a
Bio/Psycho/Social Approach"

  EXECUTIVE SESSION ANNOUNCEMENT

(none)

  OPEN FORUM

(Donald T. Armington, Harbor Management Commission chair and Samuel
Paterson, Harbor Master arrived at this point.)

1)   Scheduled Requests to Address
a)   Christopher Conkey: I am seeking permission to use public property
for powered parachuting; I purchased my ultralight last October, and need
50' to take off; it is one of the safest forms of flight available, and
very popular in the Midwest and on the west coast; I have sites available
to me in Coventry; I am not a resident here but am looking for a potential
site in Jamestown, hopefully over water; it is a quiet machine powered by
a small engine.
     Councilor Liberati: There are no specific ordinances governing this;
if you want to take off from Fort Getty, you just pay the price of
admission like every one else.
     Mr. Conkey: This is strictly recreational; I did not want to just go
to a park and take off and upset someone.
     Councilor Robertson: That would be governed by the FAA only.
     Mr. Conkey: If I knew someone who owned a farm, I would ask them; it
is designed to run off cliffs or mountains; however,  I have attached a
tricycle to the engine, so I need about 50' of grass to take off.
     Councilor Liberati: If you are interested in cliffs, it sounds like
you might want to be in a state park, so you might need to speak to RIDEM.
     Mr. Armington: The harbor management ordinance restricts parasailing;
this could be interpreted as such if you were flying over mooring areas.
     Council disagreed with that statement.
     Mr. Conkey: The motor noise is very low; the only noise is the
propellor. (Council neither approved nor denied the request.)

b)   B. J. Whitehouse: Fred Brome and I are requesting permission to use
Mackerel Cove beach for a fireworks display on Wednesday, July 2; we
raised $4,300 last year through donations.
     Motion by Councilor  McInnis, seconded by Councilor Robertson to
approve the use of Mackerel Cove beach for a public fireworks display on
July 2, with July 5 as a rain/fog date.
     Mr. Whitehouse: We will use the same vendor as last year (Telstar
Display Fireworks, Inc., Mr. Brome's employer); they carry a $1 million
insurance policy with additional coverage available for the event's
sponsor; we would also obtain Chief Christman's approval.
     Chief Christman: All went well last year; Telstar is a good firm.
     Motion so unanimously voted.

2)   Non-Agenda Requests to Address: (none)

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
Route 138 Houses: RIDOT received notice last week that the contract
landscapers have vacated two houses which the state has been using since
condemnation for the highway;  RIDOT is also working with the federal
government on the disposition of these houses; in North Kingstown houses
transferred about two months ago; we should hear in about a month.

Interim Town Planner Contract: Jane Weidman's contract is expiring on
April 30; I recommend renewal; if the plan was to hire one full-time staff
planner, that would take 3 to 4 months between advertising and
interviewing; a six month contract renewal would retain Ms. Weidman until
October.
     Motion by Councilor Robertson, seconded by Councilor McInnis to
extend Jane Weidman's contract for six months.
     Councilor McInnis: This does not preclude additional action by the
next Council toward hiring a permanent planner.
     Mr. Shocket: That is correct; in fact, an overlap would be
beneficial. Motion so unanimously voted.

Mutual Aid: Motion by Councilor McInnis, seconded by Councilor Hines to
approve a resolution entitled Southern New England Fire Emergency
Assistance Plan in the form presented. So unanimously voted.

2)   Affordable Housing Committee (1 vacancy; unspecified term; letter of
interest from Kevin J. Carty): Council consensus: schedule an interview at
7:15 on May 27, with actual appointment scheduled on that evening's
agenda. [Clerk's note: see end of this meeting]

3)   Invitation from Jamestown Housing Authority re: swearing in ceremony
(05/14/97): Council President Pease agreed to attend.

  UNFINISHED BUSINESS
  (all continued from April 14)

1)   Resolution from Town of Barrington re: legislation to reduce
cigarette litter and pollution at public beaches: Mr. Bolles: Cigarette
litter is not a big problem on Mackerel Cove beach; I would not object to
such a resolution, but there is not a dire need for it; my only concern
would be the creation of a separate smoking area, requiring enforcement
when lifeguards are supposed to be watching people in the water.
     Motion by Councilor McInnis, seconded by Councilor Robertson to table
the matter for possible future comment from Mr. Bolles in the Fall to
report on whether or not this is a problem.
     Councilor Hines: This is superfluous legislation and public
silliness.
     Councilor Liberati: I agree; this is not a reported problem here and
legislation would be difficult to enforce.
     Council President Pease: The Substance Abuse Prevention Task Force
would like to look at it; another resident has offered to build and
install butt receptacles; that would probably work better than creating a
segregated area; I agree there are other things the General Assembly
should be working on. Motion so unanimously voted.

2)   Request of Cajacet Farms, LLC that Court Street be accepted as a
street: Solicitor: The request has been withdrawn.

3)   Request of Priscilla Smyth Thayer for extended hours at Rembijas
Pavilion on May 19 for Chili's Restaurant: Mr. Bolles: I have no problem
with the applicant, but am concerned for the bad precedent extended hours
would set; I could find no precedent for extending the hours for a private
party; the fire department requested and received permission for extra
hours for one of its events, but they had their own uniformed personnel on
site to provide security; concerned for adjacent camp ground; if waived,
perhaps require applicant to provide uniformed security; we had problems
with after curfew drinking in the past; we are trying to keep the park
quiet and controlled; we have lots of requests for private parties with
liquor; the park officially opens on May 17; all 80 of the seasonal camp
sites will be full on opening day; I would have to check transient sites
to see what is booked; on a Monday night, very few tent sites would be
full.
     Councilor Robertson: Under the circumstances of trying to accommodate
shifts of workers being able to attend a company gathering, I am looking
for concrete reasons why the extension should not be granted; I support
the request at this point.
     Councilor Liberati: However good this particular applicant is, the
precedent may create problems for future policy makers.
     Ms. Thayer: The application form itself says if you want to stay
beyond 10:00 PM, you must ask Council's permission; why ask if it is not
allowed? Mr. Bolles: That sheet identifies the rules, regulations and
available amenities for applicants; we have since decided to change that
statement.
     Motion by Councilor McInnis, seconded by Councilor Liberati to deny
the request to use the pavilion past 10:00 PM.
     Councilor Robertson: Clarify the curfew in the handout.
     Mr. Bolles: Consider it done. Motion so unanimously voted.

  COMMUNICATIONS

(none)

  NEW BUSINESS

1)   Approval of Dutch Harbor Boatyard, Inc. lease at West Ferry:
Councilor McInnis stated he would be abstaining from the discussion and
vote since he is the company's attorney.
     Councilor Hines: The negotiating committee consisted of the Town
Administrator, Harbor Management Commission members Donald Armington and 
David Willis, Councilor Liberati and I; the overall income for this
proposed lease will be a couple thousand dollars less than the old
agreement, but is a fair arrangement for both parties; it includes $14,600
worth of inkind work to be done for the benefit of the Town.
     Councilor Liberati: The base rent will be the same as it was during
the last lease; however, the last lease was subject to an escalator
factor; there was an attempt on the part of the committee to make the
lease fairer and to diminish the escalator; the base rent is $10,000, plus
$2,600 which is half of the outhaul income; the value of commissioning and
decommissioning the floats and docks is $2,000; the relationship between
the Town and Dutch Harbor is very complex and unique; they own the
adjoining space and use half of the bulkhead on a seasonal basis for the
storage of boats; it is similar to the lease at East Ferry where the
lessee owns adjacent land and all the licenses; it took a long time to
negotiate this.
     Gloria Dahl, Esq. representing Dutch Harbor; stated all parties were 
pleased with the outcome and were ready to sign.
     Motion by Councilor Hines, seconded by Councilor Liberati to approve
the execution of the lease as presented. So voted by 4 in favor, none
opposed and Councilor McInnis abstaining.

2)   Request from the Jamestown Volunteer Fire Department to conduct a
truck pull on town owned property at Fort Getty (07/20/97): Chief
Christman: We will set up and restore the property; all proceeds from the
event will go to the fire department; it will be a truck pull and vintage
car show; it will be held during the day in the newly cleared area; we
will be using Ellicott Wright's property for parking.
     Mr. Wright: The Nature Conservancy's objection was the possible
alteration of vegetation if the event was held on my property, but they
have no problem with it being on Town property.
     Chief Christman: Kenneth Gladding is handling all arrangements for
the fire department.
     Mr. Bolles: I am glad it is a day event with no alcohol; we may have
to do more trimming/cutting; I would like to look at it with a
representative.
     Chief Christman: This is an organization with insurance.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
approve the request subject to the fire department providing an insurance
certificate  naming the Town as the additional insured, and subject to Mr.
Bolles' approval of the land to be used. So unanimously voted.

3)   License transfer applications:
Applicant           Type        Location
Frick-Em, Ltd.         Victualing     53 Conanicus Ave, 1R
dba Frick's at the Bayview      Entertainment
                 Sunday Sales
TO

Midwest Electric, Inc.       "        "
dba Bay View Bar & Grille
Motion by Councilor McInnis, seconded by Councilor Hines to approve all
three license transfers subject to resolution of debts and taxes and
obtaining the signatures of all appropriate local officials.
     So unanimously voted.

4)   One-day license applications:
Applicant        Type     Location    Date
Vidbels' Olde Tyme Circus Entertainment  Fort Getty Road      07/24/97
"       Peddlar        "         "
"       Victualing     "         "
Mr. Wright: The applicant has approval from the Nature Conservancy and me.
Motion by Councilor McInnis, seconded by Councilor Robertson to approve
all three licenses for the event sponsored by Jamestown VFW Post 9447 and
American Legion Post 22 for use on Ellicott Wright's property,  subject to
obtaining the signatures of all appropriate local officials, and subject
to fire and electrical inspections. So unanimously voted.

Applicant        Type     Location    Date
Junior Women's Club
of Jamestown        Peddlar  Fleet Bank     05/26/97
Motion by Councilor Robertson, seconded by Councilor Hines to approve the
license subject to obtaining the signatures of all appropriate local
officials. So unanimously voted.

Deer Tick Control: Councilor Robertson asked Ms. Shocket to report on the
status of spraying for deer ticks at a future meeting.

Hunting Regulations: Councilor Robertson: Our ordinances for hunting
exclude rifles, but allow smooth bore muzzle loaders; it would be safer to
use a tree stand rather than talk about whether or not the barrel of a
black powder muzzle loader is smooth or rifled; if we are permitting the
use of black powder weapons, we would want the most accurate, which would
be rifled; aiming from a tree stand, a miss would hit the ground in a near
radius; in light of the deer tick season, I recommend our hunting
ordinance be amended to allow riffled muzzle loaders.
     Motion by Councilor Robertson, seconded by Councilor McInnis to put
on a future agenda a proposal to amend the ordinances to read that riffled
primitive weapons are allowed. Clerk: Is it your intention to also extend
the hunting season? Councilor Robertson: Not necessarily; (to Ms. Shocket)
ask Dr. Numi (Goodyear) Mitchell to attend the meeting to comment. Motion
so unanimously voted.

Affordable Housing Committee (continued): Motion by Councilor Robertson,
seconded by Councilor McInnis to amend the agenda to interview Kevin
Carty, who is now present, for the Affordable Housing Committee and to
cancel the previously scheduled interview on May 27.
     So unanimously voted. Mr. Carty: I had experience with affordable
housing in 1972 in Swansea, MA; my first home purchase was Section 8
housing; there is a need for affordable housing in Jamestown; I am aware
of the Town's work with Church Community Housing; I have lived here 11
years, first on Spanker Street and now on Cole Street.
     Motion by Councilor McInnis, seconded by Councilor Robertson to
appoint Kevin Carty to the Affordable Housing Committee for an unspecified
term, replacing Ralph Coppola. So unanimously voted.

  ADJOURNMENT

There being no further business before Council, motion by Councilor
McInnis, seconded by Councilor Robertson to adjourn the meeting at 9:04
PM. So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk

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