TOWN COUNCIL
  JAMESTOWN, RHODE ISLAND
  June 9, 1997

A regular meeting of the Jamestown Town Council was called to order at the
Town Hall, 93 Narragansett Avenue, at 7:36 PM by Council President Craig
A. Amerigian. The following members were present:
  David E. Dolce, Vice President
  William H. Murphy
  Fred F. Pease
  Ellicott Wright

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
  Quentin Anthony, Esq., Town Solicitor

  AWARDS, PRESENTATIONS AND ACKNOWLEDGEMENTS

1)   Councilor Wright re: former Town Solicitor and Town Sergeant: Motion
by Councilor Wright, seconded by Councilor Murphy to extend resolutions of
thanks to the former Town Solicitor, James A. Donnelly, Esq. and former
Town Sergeant Richard J. Rembijas. So unanimously voted.

Motion by Councilor Pease, seconded by Councilor Wright to craft a
resolution honoring the Ferry Days celebration on June 21 and 22 for
ratification at a future meeting. So unanimously voted.

Motion by Councilor Murphy, seconded by Council President Amerigian to
adopt a proclamation  honoring all Jamestown graduates, for delivery to
the Jamestown School prior to their Eighth Grade commencement exercises
next week. So unanimously voted.

  SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION

1)   Jamestown & Newport Ferry Company
a)   Request for permission to make sales at retail aboard the vessel The
Jamestown during the period 30 minutes prior to scheduled departure
b)   Copy of approved Class G Liquor License
Motion by Councilor Murphy, seconded by Councilor Pease to approve the
request, conditional upon a report by the Chief of Police that there were
no negative incidents related to the license during the past year.
     So unanimously voted.

2)   Application of the Jamestown Village Association for a Class F (19
hour; beer and wine only) Alcoholic Beverage License (06/22/97; East Ferry
dock; not-for-profit organization)
William Munger: If the request is approved, the JVA will be serving wine
and cheese between 4:00 PM and 6:00 PM Sunday afternoon on my private
dock; this will not be on Town property; the wine will only be served
during this specific time; it is planned as part of a fund raiser for the
Veterans Memorial project.
     Motion by Councilor Pease, seconded by Councilor Murphy to approve
the request subject to obtaining the signatures of all appropriate local
officials. So unanimously voted.  

  CONSENT AGENDA

Council President Amerigian asked that items  #2 and 4 be removed for
discussion.
     Councilor Wright asked that #1 and 6 be removed. Motion by Councilor
Pease, seconded by Councilor Murphy to approve the consent agenda as
amended. So unanimously voted. The amended consent agenda consisted of:
3)   Copies of minutes of Boards and Committees
a)   Library Board of Trustees (04/15/97)
b)   Zoning Board of Review (05/20/97)
5)   Coastal Resources Management Council notices
a)   Finding of no significant impact: Cottrell Pier Association to
install wood guardrail along Racquet Road (Plat 9, Lot 773; Pole #25
Racquet Road)
b)   Maintenance Certification: Paul J. Sullivan for maintenance repairs
to a leaking landscape pond (Plat 1, Lot 30; 30 Providence Street)
7)   Eastern Utilities
a)   Notice of public hearing (06/24/97) re: offer of settlement of
Eastern's electric industry restructuring proposal
b)   Copy of letter to Planning Commission re: underground utilities
8)   Harbor Management Commission attendance record
9)   Copy of permits and insurance from B. J. Whitehouse (Jamestown
Fireworks Committee) re: fireworks 07/02/97
10)  Ethics Today newsletter (Volume II, Number 2-Spring 1997)
11)  Abatements/Addenda of taxes report of Tax Assessor submitted 06/05/97

1)   Adoption of Council minutes (05/27/97; regular meeting): Councilor
Wright noted that a reference to the Town Administrator on page 3 under
Executive Session should read Ms. Shocket, not Mr..

2)   Bills and payroll: Ms. Shocket clarified several items for Council.

4)   Resolution from Town of Burrillville re: Law Enforcement Officers'
Bill of Rights: Ms. Shocket: Currently, the LEOBR does not apply unless
the penalty for a transgression is two days of suspension or greater; this
proposal would broaden that for any disciplinary action; currently, the
cost of challenging the LEOBR is expensive; we have never appealed a case;
I could find out from other communities what the cost of appeal generally
is. Councilor Wright: I would want to see a copy of the actual legislation
as proposed. Ms. Shocket: I will obtain it and ask that Council  please
revisit this at the Water and Sewer Board  meeting because the legislative
session is ending.

6)   Department of Environmental Management notice of public hearing
(06/19/97): re: Municipal Recycling Regulations: Ms. Shocket: A Town
representative will attend.

Motion by Council President Amerigian, seconded by Councilor Pease to
accept items #1, 2 and 6, and table item #4 until the Water and Sewer
Board meeting on June 16. So unanimously voted.

  EXECUTIVE SESSION ANNOUNCEMENT
  (none)

  OPEN FORUM

Donald Armington, Harbor Management Commission Chair, arrived at
approximately 7:50 PM. 

1)   Scheduled Requests to Address (none)

2)   Non-Agenda Requests to Address
Lisa Croft-Elliott, 23 Stern Street: I represent High Flyers Kite Shop of
Newport; we want to open a retail shop at the site of the former Midway
Meat Market; we want to know if Council would approve; we run a concession
at Brenton Point in Newport; we want a fixed location here in Jamestown,
and may come before Council again for an outdoor Jamestown location in the
future.
     Clerk: The speaker has been advised to apply for the appropriate
licenses, which include a review by the Zoning Officer for compliance with
the ordinance.
     Council advised Ms. Elliot to make the appropriate applications.

Angelo Pizzi, 38 Starboard Street: I have submitted a petition this
evening with 12 names on it seeking the installation of a street light on
Starboard Street.
     Council consensus: The Street Light Committee will do a site review
and report at the next meeting (June 23).

Elaine Hamm, 104 East Shore Road: On behalf of the Jamestown Community
Theatre, I am requesting waiver of the rental fee for the Rembijas
Pavilion for our scheduled cast party on June 12.
     Motion by Councilor Pease, seconded by Councilor Murphy to waive the
rental fee, as the is a local, not for profit organization.
     So unanimously voted. 

  Skateboarding:

Julie Kallfelz, 34 Columbia Avenue: A skateboarding tube has been erected
in my neighbor's yard; the noise is very disturbing; due to the noise from
the skateboards, kids, dogs barking, and cars coming and going, my back
deck has become unusable; I have a 3-month old infant who is not sleeping;
I have tried to pursue my complaints with the Building/Zoning Official and
police department, but nothing seems to cover it; every neighbor of
adjacent lots is also opposed and has signed a police complaint; I spoke
to the owner of the property; her son built the ramp, but neither was not
receptive; he said the kids had no other alternatives; there are three
generations living in that house.
     Ms. Shocket: We have a general noise ordinance; Sergeant John Dube
measured the noise at 50 decibels while there were 5 participants,
although our ordinance does not specify decibel levels or limits;
Newport's ordinance allows up to 65 decibels for residential
neighborhoods; this particular activity reportedly ends at 7:30 PM; there
is no clear violation of any particular ordinance at this point; Sgt.
     Dube said the noise level is about at the sound of a lawnmower;
children between the ages of 12 and 18 are playing on something that makes
noise; the reportedly are not unruly and using foul language.

Arthur J. Christman, 42 Windsor Street: I live nearby, although not as
close, and I find the noise unreasonable.

M. Colleen Smyth, 36 Windsor Street: This goes on for 10 hours per day and
is unbearable; every kid comes with a dog and every dog barks.

John Preece, 73 Pemberton Avenue: I own the property at 33 Clarke Street
and my tenant has complained; I am an audiologist by profession; annoyance
relates to the frequency distribution of sound, not just decibel
measurements; this is a quality of life issue; I am aware of some
ordinances in other communities that address that.
     Solicitor: Law enforcement is in the hands of the police department;
I have done a fairly exhaustive study of the situation and am not
comfortable there is a prosecutable case; according to the police report,
the activity was measured at 50 decibels; a lawnmower registers at 65; an
ordinance that does not incorporate decibel levels is unenforceable in
court; the issue to the Council is whether the ordinance needs to be
rewritten to address this concern; even under Newport's ordinance, this
noise would not result in prosecution.

Karen Weathers, 33 Clarke Street: I rent the house next door; I cannot
believe someone could put this structure up without regulation; it is
annoying everyone in the neighborhood and the police can do nothing about
it; I have counted up to 19 kids and young adults there at one time; the
use it for 10 hours at a time; I have to close my windows and doors
because the noise is intolerable.
     Councilor Murphy: The only enforcement capability that we have is
through the noise ordinance, and that does not prohibit it; if it is not
violating the building codes and noise ordinance, we cannot do anything at
this point. 

Ms. Kallfelz: I understood the ordinance was written loosely enough so
when neighbors get together and sign a complaint that would be enough to
bring charges.
     Solicitor: Any private owner has the right to go into court to seek
injunction to cease the activity that is creating a nuisance and
interfering with your right to enjoy your privacy; in the meantime,
Council could explore amendment of our ordinance; my opinion is that our
ordinance is not one you would feel comfortable going into court with;
Newport's ordinance tolerates 65 decibels during daytime hours in
residential neighborhoods; in that community, this activity does not even
approximate a violation.

Mr. Preece: The particular noise that is annoying is the rolling of the
wheels; I would advise the Town to get the correct type of measuring
device.
     Ms. Weathers: When they stand on the platform, they are above my
fence and looking into my yard.
     Ms. Kallfelz: Making adjustments to the ramps is not a solution; the
structure and activity should be prohibited; it does not belong there.

Kathryn Koken, 73 Pemberton Avenue: I co-own the property at 33 Clarke
Street; the perpetrator of this apparatus is Town employee; perhaps the
motivation for erecting this is to motivate agitated neighbors to petition
to Town Council to devise an alternate site.
     Councilor Dolce: We cannot be hasty to enact ordinances that react to
one specific circumstance; amendment to the ordinance would probably
address a broader range of noises.

Ms. Smyth: I had to empty the china cabinet in my house because the dishes
were rattling.

Mr. Christman: Is this a zoning issue? Solicitor: I have read the reports
carefully; some of the information being reported tonight is not in the
police reports; the time of day activities go on has a great deal of
impact on what is reasonable or unreasonable; the police say these
activities are ending at 7:00 PM; if not, you need to report that because
that, along with the number of children there, are issues that goes toward
building a case.
     Councilor Murphy (to Ms. Shocket): Verify whether or not this is a
structure and whether or not it is subject to building and zoning codes.
     Ms. Shocket: The Building/Zoning Official has already informed me
that it is not.
     Ms. Kallfelz: Then you need to amend the ordinances. Ms. Weathers:
And have the police cease this until the ordinance is reviewed. [Continued
later in the meeting under New Business]

  REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1)   Town Administrator's report (attached hereto)
Additionally:
Nynex Poles: Those being stored on North Road are to replace the ones on
Narragansett Avenue; I will determine a timetable and establish an
alternate location for storage, ie. the transfer station.

Underground Storage Tanks: Mr. Goslee: We put this out to bid for
preliminary testing; we received two responses or site investigation;
Environment Science Services was the lower of the two bids.
     Motion by Councilor Pease, seconded by Councilor Wright to approve
the awarding of a contract for engineering study for underground storage
tank contamination to Environmental Science Services in an amount not to
exceed $6,160. So unanimously voted.

Road Repair List: Mr. Goslee: We hope to be able to do additional work,
but oil prices have been quite volatile.
     Motion by Councilor Pease, seconded by Councilor Murphy to approve
the preliminary list as presented. So unanimously voted.

Steel Pier Reconstruction: Mr. Armington: Together with materials already
purchased, this contract would bring the total cost for the project to the
total amount approved by previous Council; copies of the plan are
available at Town Offices and the Harbor Master's office; this is strictly
reconstruction.
     Motion by Councilor Pease, seconded by Councilor Wright to award the 
bid to Harbor Marine Corporation in the amount of $115,130.00, contingent
upon obtaining releases from the prior bidders. So unanimously voted.

East  Ferry Project: Mr. Armington: The Harbor Management Commission and
other committees are anxious to move forward on the proposed steel pier
extension; it has been designed to the point where we wish to go no
further without input from the residents and Council; RIDOT has placed a
deadline of September 15 for their money to come to the Town; if we choose
to proceed after that date but with a letter of commitment before then,
the funds will be retained; otherwise they are returned to Washington, DC
and made available to another applicant.
     Council President Amerigian: The underlying issue when this was
discussed two years ago was the overall impact it might have on the town
and if the residents want it.
     Mr. Armington: A workshop would be of assistance for Council to
decide if it concurs or not; a public hearing at this point might not be
as effective.
     Council President Amerigian: The subject of the workshop should focus
more on what the possibilities are over a long range so people understand
what the impact will be and also what control the Town might be
relinquishing by accepting the funding.
     Councilor Pease: It would be appropriate to conduct a joint work
session first, then a public hearing.
     Council consensus: A joint work session of the Council and Harbor
Management Commission will be held on Tuesday, July 8 at 7:30 PM, with a
location to be arranged by the Clerk (preferably the Community Center);
the Clerk is also to invite the members of the Planning Commission to
attend.

Country Club Repairs: Motion by Councilor Wright, seconded by Councilor
Pease to approve the additional expenditure of $1,500 from the country
club account for the purpose of replacing the upstairs door, the
additional expense required because a larger door than previously
determined will be necessary.
     Councilor Pease: Will this serve all needs? Ms. Shocket: I will be
handicapped accessible; other modifications will also be made for
compliance.
     Motion by Councilor Wright, seconded by Councilor Murphy to add "if
necessary" to the motion.
     So unanimously voted. Main motion, as amended, so unanimously voted.

2)   Library Board of Trustees (one vacancy; term ending 05/2000)
a)   Request for reappointment from Jane C. Lippincott, and letter of
support from the Chair
b)   Letters of interest: Gail M. Shields, Ray Freiman, Delia Klingbeil
and Nancy Logan

3)   Conservation Commission (two vacancies; terms ending 12/1999)
a)   Requests for reappointment from Richard H. Tyre and Charlotte
Zarlengo, and letter of support from the Chair
b)   Letters of interest: Barbara Lundy and Grace M. Mariorenzi
(Discussion regarding appointment policy, ie.
     reappointments, limits on term memberships, etc.; how many terms have
they served; does the board recommend limits.) Councilor Dolce: The
current process is that we recognize the term is ending, advertise and
solicit responses; we have done as thorough a job as we could have.
     Council consensus: the Clerk is to contact each board for their
stance on terms limits.

4)   Request from the Planning Commission for joint meeting with Council:
Council consensus: Clerk is to contact the Commission to ask when they are
available,  preferable  on a night when either board is regularly
scheduled to meet.

5)   Jamestown Housing Authority re: Report on Examination of Financial
Statements and Supplemental Data (year end 06/30/96): noted

  UNFINISHED BUSINESS

1)   Appointment of Tree Warden (continued from 02/24/97): Council
President Amerigian: A proposed tree ordinance is being drafted between
the Planning Commission and the Conservation Commission; the job
description of what we would want a tree warden to do is up in the air
until that is done; I think it should be someone who has some skills in
the area of an arborist; when Newport Electric Corporation wanted to cut
down all the trees on the west end of Narragansett Avenue, the current
tree warden supported that; when a survey of the tree conditions was
subsequently performed by an outside agency, their finding was different.
     Council consensus: Get a copy of the proposed ordinance and finalize
that first; table this until July 14.

2)   New pole location request from EUA/Newport Electric Corp.
     re: 22 Narragansett Avenue, Jamestown Oyster Bar (continued from
05/27/97): (Council reviewed this site during the facilities tour on June
5; oppose this location in the absence of compelling reasons for this as
the only feasible site.) Mr. Goslee: I would like to see them go
underground.
     Ms. Shocket: A site in the nearby municipal lot is an alternative,
with the caveat that they remove the pole if ever that becomes necessary.
     Motion by Councilor Pease, seconded by Councilor Dolce to deny the
request. So unanimously voted. Mr. Goslee is to contact EUA/NEC.

3)   One-day license application:
Applicant        Type     Location    Date
Jamestown Fire Dept.   Peddlar  Fort Getty     June 15, 1997
Motion by Councilor Murphy, seconded by Councilor Dolce to approve the
request for June 15, subject to obtaining the signatures of all
appropriate local officials, and clarifying that the event will be held on
June 15 and not July 20 as previously reported. So unanimously voted.

  COMMUNICATIONS
  (none)

  NEW BUSINESS

Motion by Councilor Murphy, seconded by Councilor Pease to amend the
agenda to discuss item  #5 at this point. So unanimously voted.

5)   Skateboarding Concerns: Ms. Shocket: It is apparently allowed at
school after hours and on weekends.
     Council President Amerigian: There is an area at the Melrose Avenue
school that would seem to be such that it would not disturb anyone.
     Councilor Wright: That would be up to the School Committee.
     Councilor Dolce: I am concerned that there will always be an element
that will want to skate other than where a site is dedicated. Council
President Amerigian: We need to investigate what the options are; certain
areas are getting battered. Councilor Murphy: It sounds like sites are
already available at the school and Fort Wetherill.
     Chief Christman: You need a separate facility.
     Ms. Shocket: The Town's insurance coverage excludes skateboarding 
facilities; claims would not be covered; neither is there a rider
available to our plan, but a separate insurance policy from another
provider may be available; there is no municipality to my knowledge in
Rhode Island that operates a skateboarding facility, and the
unavailability of insurance may be the roadblock; the numbers to be served
is also an issue.
     Councilor Wright: So are supervision, location, etc.; we need input
from the skateboarders.
     Councilor Dolce: I oppose the Town initiating construction of any
such facility; it is a sport that is inherently nonparental, not confined
to an area and with no rules of supervision; I am concerned about the Town
building something with no rules; I would encourage anyone who is
interested in developing a skateboarding park to bring their proposal to
the Town.
     Councilor Pease: I want to see some initiative on their part to show
us what they want and were they would propose it be located. Motion by
Councilor Dolce, seconded by Councilor Murphy to direct the Solicitor to
investigate possible amendments to the ordinances. So voted.

1)   Joint pole location request from New England Telephone and Telegraph
Company and the Newport Electric Corporation re: Hull Street: Mr. Goslee:
At first, the property owner was going to move the proposed driveway; now
the plan is to move the pole.
     Motion by Councilor Pease, seconded by Councilor Wright to approve
the request subject to the review and supervision of the Public Works
Director. So unanimously voted.

2)   One-day license applications:
Applicant        Type     Location    Dates
Jamestown Village Assn.   Peddlar  East Ferry*       06/21 & 06/22/97
"       Sunday Sales      "        "
"       Victualing     "        "
*per Town Council approval on 05/27/97
Motion by Councilor Wright, seconded by Councilor Murphy to approve all
three requests, subject to obtaining the signatures of all appropriate
local officials. So unanimously voted.

Applicant        Type        Location    Date
Eastern Resorts LLC Entertainment        Rembijas Pavilion 06/30/97
Motion by Councilor Murphy, seconded by Council President Amerigian to
approve the request, subject to obtaining the signatures of all
appropriate local officials. So unanimously voted.

3)   New license application:
Applicant        Type     Location    Dates
The Southwestern Co.   Peddlar  Island wide    Month of June 1997
Motion by Councilor Pease, seconded by Councilor Dolce to deny the
request.
     So unanimously voted. [The Chief of Police refused to sign the
application; violation of Section 10-11 of Code of Ordinances.]

4)   Consideration of work session to establish Council goals and
objectives (Councilor Murphy's request): Councilor Wright: Individual
members should bring forth any issues of concern for group discussion.
     Councilor Murphy: I propose two committees: recycling and wastewater
management; I am willing to serve on both.
     Council consensus: continue discussion to the joint work session with
the Planning Commission.

  ADJOURNMENT

There being no further business before Council, motion by Councilor
Wright, seconded by Councilor Pease to adjourn the meeting at 10:25 PM.
     So unanimously voted.

Attest:

Theresa C. Donovan, CMC
Town Clerk